January 10, 2025

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NDUNG’U WAINAINA: IEBC should ensure August election should free, fair and verifiable

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Kenya will hold third election under the 2010 Constitution on August 9.

The election will be pivotal in consolidating democratic dividends. Elections are an important mechanism in democracy. Their purpose is to provide citizens with an opportunity to choose freely their political leaders and allocate power peacefully. Polls demonstrate power of voter to enforce political accountability.

Democratic elections facilitate legitimate political competition for power through peaceful, rather than violent, means. They constitute a critical moment in the life of a democracy, where citizens have the right to express their will through the ballot and wit it a peaceful transfer of power.

This is the moment citizens can hold their political leaders accountable and redistribute power.

Therefore, inclusive, transparent elections, free from violence and fear are important conditions to meet these expectations. However, underlying tensions in society and high-stake competition can result in violent and fraudulent election.

Independent Electoral and Boundaries Commission

Human rights are often at stake during elections, especially if they are violent or cause tension.

And this violence does not result directly from elections, but reflects the breakdown and manipulation of political and electoral processes.

Legitimate, credible and inclusive elections pave the way for freedom of expression and promote democratic and peaceful transition. The authority and mandate of any government can only derive from the will of the people as expressed in free and fair elections.

A democratic political system enables different views to be debated rather than opponents using force to bring about the outcome they want. Genuine elections are a necessary and indispensable element of sustained efforts to protect the rights and interests of the governed.

As a matter of practical experience, the right of everyone to take part in the government of his or her country is a crucial factor in the effective enjoyment by all of human rights and fundamental freedoms.

IEBC - cialis-good-or-bad-20516

The August 9 election is high stake transition election, with the retiring President trying to influence his succession with support of the then opposition leader who is now a nominee in the presidential race.

The election will also be crucial in shaping the future and direction of the country’s social, economic and political spheres. The outgoing incumbent and the then opposition leader appear to favour status quo preservation and continuity with little alteration, while the Deputy President is pushing for a radical shift from the current establishment .

Already, there is blatant use of aggressive and intimidating language in the political discourse in the media and on public platforms as well as the increasing level of media polarisation and biased reporting. 

Credible elections must reflect the free expression of the will of the people. To achieve this, polls should be transparent, inclusive, and accountable, and there must be equitable opportunities to compete.

Voter participation is an essential barometer for the legitimacy of the process. Low voter registration and Election Day turnout may cause some parties and candidates to question the credibility of the polls and the governing mandate of the winners. Unpredictable changes in operations may also affect the legitimacy and effectiveness of the process.

It is also globally recognised that elections with integrity must overcome a number of challenges.

First, they must be transparent, credible and enjoy wide public legitimacy. They must be conducted in an environment of the rule of law, and one that protects the rights of voters and candidates.

Two, the electoral agency, in Kenya’s case the Independent Electoral and Boundaries Commission must be professional, impartial and credible.

It must manage the elections with high degree of transparency, accountability and integrity so that they are verifiable.

Third, the institutions, and the responsibility for the conduct of election must confer a genuine multi-party competition and the attribution of democratic political power. Such elections bestow legitimacy on the winner, provide security for the losers, and enhance democratic practice.

Fourth is political equality. The barriers that prevent voting and participation must be removed. Women, young people, minorities and other marginalised groups  must be given a full opportunity to exercise their democratic rights.

Finally, unregulated money in politics undermines voters’ faith and confidence in democracy. Vote buying and bribery by candidates and organised crime must be prevented and punished severely.

The writer is the director, International Center for Policy and Conflict @NdunguWainaina