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

MINUTES OF THE CCP MEETING – 13/06/08

MINUTES OF THE CCP MEETING HELD AT OXFAM OFFICES, SHELTER AFRIQUE HOUSE ON 13/06/08

MEMBERS PRESENT


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Matters Arising

1. CCP on KBC radio & KBC television

KBC radio and KBC television have agreed to host 4 people (2 for radio & 2 for TV) from CCP in an interactive programme. The following topics have been suggested for discussion; Resettlement, Amnesty, and Peace-building.

Action

The sub-committee will approach available CCP core group members to see whether they can host the show. Concerned Kenyan Writers are willing to avail one or two people to accompany CCP during the show.

2. Conflict Sensitive Journalism

The radio stations especially the vernacular ones need to be sensitive when reporting on post election violence issues. They need to practise responsible journalism and exercise restraint when dealing with sensitive issues.

There is no feedback yet from the Media Council or Media Owner’s Association, however the Ministry of Information is waiting for the ICT Bill to be debated in parliament before they can enforce any media laws.

3. Nation wide Prayer meeting

‘Healing Day’ is the name that was suggested for the nation wide prayer meeting day. The committee will work on a budget and programme for the day and CCP will handle the high profile invites.

Action

August 3rd is the tentative date suggested the Nation wide prayer meeting. The committee will hold a larger meeting on the 25th of June where various stakeholders will be present, and as such they are appealing for a meeting venue for this day (50 pax).

4. Kenya Veterans for Peace Continue reading

MINUTES OF THE CCP MEETING – 06/06/08

MINUTES OF THE CCP MEETING HELD AT OXFAM OFFICES, SHELTER AFRIQUE HOUSE ON 06/06/08

MEMBERS PRESENT

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..

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Matters Arising

1. CCP on KBC radio & KBC television

KBC radio and KBC television have agreed to host 4 people (2 for radio & 2 for TV) from CCP in an interactive programme. The following topics have been suggested for discussion; Resettlement, Amnesty, and Peace-building.

Action

The sub-committee will follow on the names of the 4 participants for the 2 shows. An appropriate date for the shows should also be established (Rev. Mathenge, Rev. Peter, Dr. Mwiti & Sally)

2. Conflict Sensitive Journalism

The radio stations especially the vernacular ones need to be sensitive when reporting on post election violence issues. They need to practise responsible journalism and exercise restraint when dealing with sensitive issues.

Action

To find out what the Media council and the Media Owners’ Association are doing about this (Annette)

3. Nation wide Prayer meeting Continue reading

KNCHR POSITION ON AMNESTY FOR ALLEGED PERPETRATORS OF POST-ELECTION VIOLENCE

KNCHR POSITION ON AMNESTY FOR ALLEGED PERPETRATORS OF POST-ELECTION VIOLENCE
I. Introduction
Recently, a debate in Kenya has raged regarding whether persons arrested in the wake of the post election violence should be prosecuted or granted amnesty. These persons comprise mainly youths from Rift Valley, Nyanza, Coast, Central and Nairobi Provinces who are alleged to have committed diverse offences between December 27th and February 28th. There are conflicting figures as to how many youths are being held and the offences they are alleged to have committed. According to a statement attributed to Agriculture Minister Ruto, around 12,000 youths are being held in police and prison custody following the violence. However, the police dispute this figure and claim that less than 1000 people are in custody.
II. The different shades of arguments
1. One argument made, supporting the case for amnesty, is that by doing what the youths are alleged to have done, they contributed to the formation of the grand coalition government and it therefore does not make sense to have the youths languishing in jail while the politicians they ‘fought for’ enjoy power. It has also been argued that holding the youths in custody discriminates against the poor since politicians who mobilized the youths to those actions are themselves enjoying their liberty.
2. Another argument advanced is that ‘host communities’ are unlikely to cooperate with the return of the internally displaced people (IDPs) while their own sons are languishing in jail. It is a compelling argument from the point of view that the situation is still volatile in some of the regions with some locals threatening not to allow the IDPs to return. Indeed violence has broken out since the return of some IDPs in places like Molo. However this argument is countered by those who say that Kenyans have a right to property and to settle anywhere in the republic and the government should not be blackmailed into releasing alleged perpetrators on the pain of communities sabotaging the IDP return programme.
3. A third argument, rejecting amnesty, suggests that granting amnesty to the suspects would encourage impunity and threaten the rule of law. This would be tantamount to abolishing civilized society and going back to the rule of the jungle. This would also encourage organized violence.
III. Amnesty in other jurisdictions Continue reading

MINUTES OF THE CCP MEETING – 30/05/08

MINUTES OF THE CCP MEETING HELD AT OXFAM OFFICES, SHELTER AFRIQUE HOUSE ON 30/05/08

CORE GROUP MEMBERS PRESENT


1. Amb. Bethuel Kiplagat

2. George Wachira


OTHER MEMBERS PRESENT


Matters Arising

1. Amnesty

The government has declared its stand on this issue and wants to grant amnesty to criminals. These are extraneous times and a solution that is both political and social is needed.

Action

To voice our position on this as Concerned Citizens of Peace.

2. Kenya Burning exhibition

Follow-up on having the exhibition at Parliament is ongoing. There is need to secure a meeting with the Speaker for this initiative to follow through.

There’s a feature on this exhibition in last weeks Newsweek.

3. Public Debate in the Media

NTV is working on a concept for a new programme, so meanwhile CCP can hold on to this for a while.

KBC radio and KBC television have agreed to host 4 people (2 for radio & 2 for TV) from CCP in an interactive programme. CCP is supposed to come up with the topic for discussion.

4. Conflict Sensitive Journalism Continue reading

Book Launch – Kwani Trust & Concerned Kenyan Writers: After the Vote; Dispatches from the Coalition of Concerned Kenyan writers on May 29, 2008

After The Vote by Kwani

Kwani Trust, in partnership with the Coalition of Concerned Kenyan Writers (CKW) are pleased to announce the release of a new book, After the Vote; Dispatches from the Coalition of Concerned Kenyan writers on May 29, 2008

CKW are a coalition of the foremost writers, thinkers, philosophers and artists in the country, who came together in response to the 2007 election and its aftermath. With more than 80 members, CKW has created an online forum in which to share and critique each other’s writing, with the explicit purpose of exploring and articulating solutions to the disaster that befell Kenyans.

This book features non fiction stories by five writers: Alison Ojany Owuor, Andia Kisia, Tony Mochama, Simiyu Barasa and Kalundi Serumaga. The book will be available at all leading bookshops and supermarkets.

It is the first in a series of publications by Kwani Trust to be released this year in response to the post election crisis and the ensuing violence in Kenya. Since its inception in 2003, Kwani Trust has been at the forefront in publishing contemporary creative fiction, non fiction and poetry.

For more information about After the Vote, please visit www.kwani.org or contact Annette Majanja on +254 – 2 – 3745210 or email info@kwani.org

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Title: After the Vote

Featured writers: Kalundi Serumaga, Alison Ojany Owuor, Andia Kisia, Simiyu Barasa, Tony Mochama

Genre: Creative Non Fiction

ISBN: 9966 -7008 -1 -1

RRP: Ksh. 200

Availability: All leading bookstores

ICRC Kenya: Surgeons dissect lessons from post-election violence

Kenya: Surgeons dissect lessons from post-election violence


Following Kenya’s December 2007 general elections, hospital staff had to face a massive, and unexpected, influx of victims of violence. Now, during a series of ICRC-organized workshops geared at peace-time emergencies, they are discussing the lessons learned. The ICRC’s Iolanda Jaquemet reports.

“Even if the patient has his bowels hanging out, it does not necessarily mean this is the most urgent case on hand, as long as he is in stable condition.” The 20 members of the audience listened attentively to Dr Mauro Dalla Torre, the ICRC surgeon, as he illustrated the principles of triage.

Later, they looked with calm, clinical interest at a picture showing a little boy with horrendous leg wounds, used by Dr Dalla Torre to illustrate “the high energy transfer” caused by a bullet.

The participants’ poise was not surprising: they were surgeons, nurses and clinical officers from five hospitals in Nyanza province, Western Kenya. During two days in April, they swapped experiences at an ICRC-organized workshop on “emergency preparedness and treatment of wounds due to violence”. Continue reading