YVONNE'S TAKE: A cry out for the voice of the IEBC

A few weeks ago, we got an inkling of what could be a tiff between the Communications Authority of Kenya and the IEBC over the 3G network coverage of polling stations and how results will be transmitted from those not adequately covered. I’ll quickly explain.

You see, in 2017, there were potentially 11,000 polling stations that did not have 3G coverage, and this hampered the electronic transmission of results that is anchored in law. Now, in 2022, technology has progressed, we have 4G and even witnessed the rollout of 5G network coverage in some parts of the country. And so, according to the Communications Authority, out of the 51,000 odd polling stations we have this time around, only about less than 1500 polling stations will be affected. A tenth of what it was in 2017.

The authority is asking IEBC to go and do their own analysis, as the custodian of polling stations to do their own testing and analysis and make adequate arrangements for transmission of results from those affected polling stations.

Now, this back and forth would not raise too many eyebrows, but context here is key. The individuals who head these two organisations have not enjoyed the most cordial of relationships. Ezra chiloba who headed the secretariat at IEBC was sacked, with details coming out of a frosty relationship between him and the chair Chebukati that eventually went all the way to court for years, before IEBC recruited his replacement.

But this tiff is important, and sheds light to a bigger issue. It is the symptom of the main fundamental issue. The elephant in the room is the results management system. That is counting, collation, tabulation, transmission and declaration of results.

With barely two months to the General Election, the critical elements remain unknown. How are we going to manage our results system? In 2017, the invalidation of the presidential election results at the Supreme Court was on the basis of illegalities and irregularities committed during the results transmission.

Has IEBC embraced the decision of the judiciary to guide the process? Perhaps they have, but some of their actions speak otherwise.

A bill originated by the IEBC itself, Election Act (Amendment) Bill of 2022, is currently before the House seeking to introduce a complementary results transmission mechanism that has the potential to elevate the hard paper result over the electronic process.

Then we have amendments made to the election general regulations that seem to uphold this and let’s not forget there is clause 83a that purports to allow the returning officer to open a sealed ballot box, at the constituency tallying centre, and not at the polling station. Please remember that the finality of the polling station was upheld in the courts by the Maina Kiai case.

There has to be simultaneous electronic transmission of results from the polling station to the returning officer and simultaneously to the national tallying centre. The Supreme Court spoke on this authoritatively because they recognised that this provides an accountability mechanism for all the results and thereby upholds the integrity of the vote. And yet, we have the IEBC seeking an amendment to this.

Now, this is not the only issue that IEBC has to deal with. I dare say, the biggest problem they have is that of perception. Which was severely eroded during the 2017 election and the subsequent supreme court case.

Let me paint this picture for you. In the courts, they opposed the Maina Kiai case, they opposed the Raila petition at the supreme court, they opposed the Katiba Institute case. And they lost all of these cases. The Supreme Court judgment was quite critical of their conduct of the election.

Now, it’s been 5 years since that judgment. In that time has the IEBC demonstrated sufficient capacity to adopt and implement the Supreme Court judgment of 2017? IEBC has procured the technology they need, and they did it within the statutory period required, before 60 days to the election. We need a status update on where we are with testing and commissioning of this election.

As I conclude, I have a few questions for IEBC, what is the mode of results management for the 2022 General Election, in light of the Supreme Court judgment and considering their attempts to amend the Elections Act in this respect?

What is the update with regard to the testing and commissioning of the election technology that was procured? Where is the voice of the IEBC to constantly reassure voters, election candidates and all other stakeholders that they will do a better job this time around?

Addressing issues of concern by voters during this voter verification period. We need the commissioners, members of the secretariat, beating the path, holding barazas, making more media appearances, doing the civic education that is needed at this time. At this point, why are we not having weekly updates? With slightly more than 60 days to go to the election, the voice of the IEBC needs to be the most dominant one at this moment.