Judge Johann Kriegler. [Photo/Nation]Former Chairperson of the Independent Review Commission, Johann Kriegler, has termed Kenya’s electoral system as a system held captive by a deeply rooted culture of negative ethnicity.
Kriegler who spoke on Monday at the opening of a Law Society of Kenya colloquium on last year’s presidential petitions said the country had come up with one of the most sophisticated electoral regimes, something he said has stabilized the poll management.
According to Justice Kriegler rival camps fights have eroded the progress made in poll management with issues of election rigging gaining prominence.
“You’ve not abandoned the suspicions, animosities and the mistrust based on ethnic difference your colonial masters left you. You still have that legacy where you say popularly that a Luo can become President of the United States but not of Kenya,” he said.
The retired judge of the South African Constitutional Court who headed the review commission brought about by the disputed 2007 presidential election noted the rising cost of elections in the country saying it was inimittable worldwide.
“You have the most expensive elections in the world per capita. You evolved last year the technically most complex electoral system in the world in 2017,” said Justice Kriegler.
“With all of the safeguards and backups and technology expertise with tablets and paper deliveries of forms 34As and 34Bs – you’re the champions,” he said amid laughter by attendees at the symposium.
Justice Kriegler also mentioned about the high number of election-related litigation due to the fact that elections remain highly contested in the country.
“You’re undoubtedly the world champions in election litigation. You’ve reduced elections to excuses to come to court,” he said.
The judge advised legal practitioners to avoid politics and remain true to the law while litigating in electoral petitions noting that they should focus on the substance and not perceptions.
In a statement read on his behalf during the colloquium, Chief Justice David Maraga reiterated the need to consider amendments to election laws to among other things increasing the time within which election petitions are concluded.