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

Transcription

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

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4 TABLE OF CONTENTS EXECUTIVE SUMMARY ix CHAPTER 1: THE ELECTIONS IN KENYA: INTRODUCTION Page Background Page Scope of Mandate Page Overview of Report Page Method Adopted Page Phases of Activity Page Inquisitorial/adversary method Page Interaction with the ECK Page Summary of Conclusions Page 8 CHAPTER 2: CONSTITUTIONAL AND LEGAL FRAMEWORK Page Introduction Page Relevant International Standards Page Equal Participation by Special Groups Page The Constitutional and Legal Framework of the Electoral Process in Kenya Page The Political System in Kenya Page Presidential Elections Page Functions of the Electoral Commission of Kenya (ECK) Page The National Assembly and Presidential Elections Act Page The Kenya Broadcasting Corporation Act (Cap.221) Page The Election Offences Act (Cap.66) Page The Public Order Act (Cap. 56) Page The Penal Code (Cap.63) Page Efforts to Review the Electoral System in Kenya Page Concluding Remarks and Recommendations on the Constitutional and Legal Framework Page 21 A Final Reflection Page 22 CHAPTER 3: THE ORGANIZATIONAL STRUCTURE OF THE KENYAN ELECTORAL MANAGEMENT SYSTEM Page Overview of the Kenyan Electoral Management System Page The ECK s Legal Framework Page Composition of the ECK and Appointment of the Commissioners Page The ECK s Operational Procedures Page The ECK Secretariat Page Funding the ECK Permanent Structure Page 38 v

5 3.7 The ECK s Advisory Role on Legal Reforms Page Assessment of the Functional Efficiency of the ECK and Its Capacity to Discharge its Mandate Page 42 Recommendations Page 49 CHAPTER 4: PUBLIC PARTICIPATION IN THE 2007 ELECTORAL PROCESS Page Introduction Page The Role and Conduct of Political Parties Page Evolution of Kenya s Political Parties Page Political Parties as Tools of Governance: The Kenyan Experience Page How Political Parties Conducted themselves in The 2007 Elections Page Regulation of Political Parties Page Role and Conduct of the Media Page The Regulatory Framework and International Standards on the Behavior of Media during Campaigns and Democratic Elections Page The Kenya Broadcasting Corporation Page Opinion Polls Page Hate Speech Page How the Media Conducted Itself Page Role and Conduct of Civil Society, Faith-based Organizations and Election Observers Page Electoral Observation Page Domestic Observers Page The Regulatory Framework and International Standards on the Behavior of Election Observers in Democratic Elections Page Complaints against CSOs and Election Observers Page 70 Recommendations Page 72 CHAPTER 5 ORGANIZATION AND CONDUCT OF THE 2007 GENERAL ELECTIONS Page Introduction Page Delimitation of Boundaries Page The Fundamental Tenet Page Reasons for Departure from General Principle Page Limit of Permissible Departure Page Redelimitation Page Registration of Voters Page Evaluation of Voter Registration Page Nomination of Candidates Page 80 vi

6 5.5 Electoral Preparations Page Voting Steams Page Ballot Papers Page Design of Forms Page Staff Recruitment and Training Page Recruitment, Training and Equipping Page Abnormal Voter Turnouts Page Voter Information and Education Page Regulation of Political Campaigns Page Overview of the Campaign Regulatory Framework Page Campaigns and Campaign Malpractice Page Campaign Financing Page Regulation of Freedom of Expression and Equitable Access to Media Page Media as a Tool for Freedom of Expression Page Misuse of Freedom by the Media Page Media and the Conduct of the 2007 Elections Page Pre-Election Campaigns Page Hate Speech Page Pre-Election Polls Page The ECK and the Media in 2007 Page Technical Assistance Received by the ECK Page Management of Polling Day Operations Page 104 Recommendations Page 106 CHAPTER 6: COUNTING AND TALLYING THE 2007 ELECTION RESULTS Page Introduction Page The Integrity of the Counting, tallying and Result Announcement System Page Vote Counting and Tallying in the 2007 Elections Page Points and Issues Raised Page Analysis of the 2007 Counting and Tallying Process Page The Random Nature of the Errors Affecting the Presidential Election in the Eighteen Constituencies Analysed Page Assessments by Observer Groups of the Counting, Tallying and Result Announcement Process Page Advice Received by the ECK in Relation to the Counting, Tallying and Result announcement Process Page Statistical Evaluation of Results Page The Integrity of the Counting, Tallying and Announcement of Results Page 137 Recommendations Page 138 vii

7 CHAPTER 7: POST-ELECTION PROCEDURES Page Introduction Page Post-Election Audits and Evaluation Page Post-Election Dispute Settlement Page Swearing-in and Assumption of Office Page Custody of Election Materials Page Allocation of Nominated Seats (MPs and Councilors) Page Analysis of Post-Election Procedures Page 149 Recommendations Page 150 CHAPTER 8: RECOMMENDATIONS Page 153 ANNEXES: Annex 1.A: Annex 1.B: Annex 1.C: Annex 1.D: Annex 1.E: Annex 1.F: Annex 2.A: Annex 2.B: Annex 3.A: Annex 4.A: Annex 6.A: Annex 7.A: The Kenya Gazette Special Issue: Appointment of IREC Members The Kenya Gazette Special Issue: Rules and Procedures of IREC List of IREC Personnel Commissioners and Staff List of Public Meetings held across Kenya List of Technical Workshops conducted List of Witnesses who testified under Oath An Analysis of the Constitutional and Legal Framework for Elections in Kenya What Can Kenya Learn from Lesotho? Or: Something about Electoral Systems Technical Note on Voter Registration Comments on the Analysis of Tallying at KICC Prepared by the Five National Observers Report on the Data Analysis of the 2007 General Elections Results Note on Allocation of Nominated Seats under PR viii