Kreigler Report – Report of the Independent Review Commission on the General Elections held in Kenya on 27 December 2007

Report of the Independent Review Commission on the General Elections held in Kenya on 27 December 2007

Kreigler Report
EXECUTIVE SUMMARY
On 30 December 2007, following announcement of the presidential election results,
violence broke out in several places across Kenya amid claims that the Electoral
Commission of Kenya (ECK) had rigged the presidential election. Sporadic eruptions
continued for many weeks, bringing death and destruction to thousands of Kenyans. An
African Union-sponsored Panel of Eminent African Personalities led by former United
Nations Secretary General Kofi Annan brokered a settlement which heralded a
government of national unity between the main political parties and a common
commitment to urgent constitutional reform. The settlement included the appointment of
two commissions, one to examine the violence and the other, the Independent Review
Commission (IREC), to examine the December 2007 Kenyan elections from various
perspectives.
In conformity with its terms of reference (ToRs) IREC now presents its findings and
recommendations, based on its analysis of the legal framework for the conduct of
elections in Kenya, the structure, composition and management system of the ECK and
its organisation and conduct of the 2007 electoral operations. The report specifically
examines the integrity of the whole electoral process, from voter registration and
nomination of candidates through voting, counting, transmission and tallying to dispute
resolution and post-election procedures, deals with the role of political parties, observers,
the media, civil society and the public at large, and comments on the independence,
capacity and functional efficiency of the ECK.
Main findings
Kenya’s constitutional and legal framework relating to elections contains a number of
weaknesses and inconsistencies that weaken its effectiveness. This legislation needs
urgent and radical revision, including consolidation.
The electoral management process as a whole needs revision
During the preparation and conduct of the 2007 elections the ECK lacked the necessary
independence, capacity and functionality because of weaknesses in its organisational
structure, composition, and management systems.
The institutional legitimacy of the ECK and public confidence in the professional
credibility of its commissioners and staff have been gravely and arguably irreversibly
impaired. It lacks functional efficiency and is incapable of properly discharging its
mandate.
The conduct of the electoral process was hampered and the electoral environment was
polluted by the conduct of many public participants, especially political parties and the
media.
There were serious defects in the voter register which impaired the integrity of the 2007
elections even before polling started:
• it excluded nearly one-third of eligible voters, with a bias against women and
young people
• it included the names of some 1.2 million dead people
Serious anomalies in the delimitation of constituencies impaired the legitimacy of the
electoral process even before polling started.
There was generalised abuse of polling, characterised by widespread bribery, votebuying,
intimidation and ballot-stuffing.
This was followed by grossly defective data collation, transmission and tallying, and
ultimately the electoral process failed for lack of adequate planning, staffselection/
training, public relations and dispute resolution.
The integrity of the process and the credibility of the results were so gravely impaired by
these manifold irregularities and defects that it is irrelevant whether or not there was
actual rigging at the national tally centre. The results are irretrievably polluted.
Main recommendations
All political role-players in Kenya should recognise that materially defective elections
accompanied by public violence will remain a feature of life in their country absent a
concerted and sustained commitment to electoral integrity by all Kenyans.
Radically reform the ECK, or create a new electoral management body (EMB), with a
new name, image and ethos, committed to administrative excellence in the service of
electoral integrity, composed of a lean policy-making and supervisory board, selected in a
transparent and inclusive process, interacting with a properly structured professional
secretariat.
Devise, implement and maintain appropriate executive, legislative and political measures
to enable the reconstituted or new EMB to initiate, popularise and sustain a national
commitment to electoral integrity and respect for the inalienable franchise rights of
Kenyan citizens.
Empower the EMB, by means of executive, legislative and political measures properly to
perform the essential functions entrusted to it under sections 42 and 42A of the
Constitution (delimitation and the conduct of elections and associated activities).
Adopt a new voter registration system.
Agree (as part of the constitutional review process) on an electoral system, which puts to
rest the continuous discussion about a new electoral system for Kenya.
Choose and implement the necessary constitutional and other legal amendments to give
effect to whichever of IREC’s recommendations are accepted.
Minority Opinion
Two members of the Commission held a dissenting view on some of the findings
reported in Chapter 6. Their opinions are presented in italics at the end of each of the
relevant paragraphs.

View Full Report – Dialogue Kenya

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KENYA: Govt raises funds, resettlement ongoing despite hitches

KENYA: Govt raises funds, resettlement ongoing despite hitches


Photo: Manoocher Deghati/IRIN
Internally displaced persons (IDPs) at a camp in Eldoret, Rift Valley Province

NAIROBI, 13 May 2008 (IRIN) – The Kenyan government has raised Ksh1.46 billion (US$22.4 million) of the Ksh30 billion ($462 million) it says it needs to resettle at least 350,000 people displaced during the post-election crisis.

“The magnitude of the destruction caused by the violence was enormous; we will therefore require about 30 billion shillings to meet the full costs of resettlement, including reconstruction of basic housing, replacement of household effects, as well as rehabilitation of community utilities and institutions destroyed during the violence,” President Mwai Kibaki said on 12 May during a funding drive in Nairobi.

Kibaki helped to raise Ksh457,272,129 ($7 million), with donations mainly from government ministries and individual businesses, for the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims of Post-2007 Election Violence.

On 5 May, the government launched a resettlement plan targeting 158,000 IDPs in camps across the country, which has seen some 85,000 IDPs resettled so far.
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Africa Peer Review – Waste of time in Kenya?

Was the APRM process in Kenya a waste of time?


Lessons that should be learned for the future

Bronwen Manby
Senior Programme Adviser, AfriMAP, Open Society Institute

“There is a need for a healing of the nation. The process of national healing and reconciliation is unlikely to proceed as long as society is still polarized. In addition, without also addressing past crimes, corruption, marginalization and poverty, it is unlikely that reconciliation can be achieved.”

This is not a quote from a report on the recent election violence in Kenya, but from the country review report of the African Peer Review Mechanism, presented two years ago by the APRM panel of eminent persons to African heads of state and defended by President Mwai Kibaki himself on the margins of the July 2006 African Union summit.

The report went on to consider previous violence in Kenya, making observations that are just as valid today as when its writers made them. The APRM eminent persons noted ‘the role of prominent members of the ruling party and high ranking government officials in fuelling the so-called ethnic clashes’. They complained that many of the people involved ‘have neither been investigated nor prosecuted. Some have continued to serve as senior officers, ministers, or members of parliament. The inability to act (against them) tends to underline general public perception of impunity, while at the same time constricting the ability of people to come to terms with the past experiences of injustice and violence thus further aggravating and reinforcing polarities and suspicion.’

All in all, the APRM country review report made a remarkably frank assessment of Kenya’s problems. The report did not shy away from highlighting issues of corruption, especially in land allocation, nor from the ethnic tensions that have been so horribly demonstrated in recent weeks. It identified ‘overarching issues’ that Kenya would need to address, starting with ‘managing diversity in nation building’, and going on to filling the ‘implementation gap’ between policy and action on the ground; addressing poverty and wealth distribution; land reform; action against corruption; constitutional reform; and addressing gender inequality and youth unemployment.

Finally and notably, the report called for ‘transformational leadership’ – leadership that ‘recognizes the need for dramatic change in a society’ and that ‘entails not simply directing change but managing it in a way that ensures broad ownership, legitimacy and self-directed sustenance and replication of change in all associated systems.’

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Local reaction to power sharing

Local reaction to power sharing

deal between govt and the

Opposition

 

With the breakthrough in the Kofi Annan led mediation talks following the post-election crisis in Kenya leading to the signing of the final deal on power sharing modalities between President Mwai Kibaki and ODM’s Raila Odinga on Thursday, February 28, 2008, PeaceNet Kenya collected views from across Kenya on the immediate reaction from

the communities and how such a deal could be achieved at the grass root level.

 

See the reactions here

Annan Agreements – 4th Agreement signed 28 Feb 08 – Coalition Agreement & National Accord & Reconciliation Act 2008

Kenya National Dialogue & Reconciliation Team

4th Agreement signed by Gvt/PNU & ODM on 28 Feb 08

1. Coalition Agreement

2. National Accord & Reconciliation Act 2008

Full Document — Annan Agreements – 4th Agreement signed 28 Feb 08

Annan Agreements – 3rd Agreement signed 14 Feb 08

Kenya National Dialogue & Reconciliation Team

3rd Agreement signed by Gvt/PNU & ODM on 14 Feb 08

Full Document — Annan Agreements – 3rd Agreement signed 14 Feb 08

Annan Agreements – 2nd Agreement signed 4 Feb 08

Kenya National Dialogue & Reconciliation Team

2nd Agreement signed by Gvt/PNU & ODM

Full Document — Annan Agreements – 2nd Agreement signed 4 Feb 08