RECAP DAY 1PRESENTATION BY

MICHAEL MWOSE – C.E.C KASIPUL

WORKSHOP ON AUDIT AND REVIEW OF ALL THE ELECTORAL LAWS FOR COMMISSIONERS AND

SENIOR MANAGEMENT

Opening Qoute

“Those who counsel Princes and Republics are placed between two dangers. If they do not advise, what seems to them for the good of the Republic or the Prince, regardless of the consequences to themselves, then they fail of their duty; and if they do advise it, then it is at the risk of their lives; for all men are blind in this, that they judge of good or evil counsels only by the result.” - Niccoló Machiavelli, The Discourses. 1517

The meeting started at 9 a.m with a word of prayer from Kathleen Openda

Introductions were done by members present.

Welcoming remarks by Host REC – Mr Albert Gogo – Ag. REC North Coast

A minute of Silence was observed in memory of our dear departed colleague – Mr Njau – C.E.C – Kuria East

The Director Legal and Public Affairs introduced the subject, gave a brief history on process from Naivasha to Diani. Why it was necessary to do this now and our obligations within the electoral cycle.

A few speakers were invited to set the tone for the workshop before it was officially opened by the Vice Chair of the Commission;

Ag. CS/CEO – Betty Sungura - Nyabuto

Welcomed the participants and acknowledged the importance of the exercise

Appreciated the work done so farObserved the need of a candid discussion on

the proposed amendments to electoral laws so as to ensure we end up with laws that make it easy to realize free, fair and credible elections

UNDP Representative – Mr Okerro

Observed the importance of the session and the need for the Commission to develop a progressive and robust legal framework, which will ensure good governance and democracy.

Confirmed the continued support to the program and the need for the EMB to provide leadership in electoral reform process

Commissioner Kule Godana

Observed that review is important and not just cosmetic and that the current political environment fosters favorable ground to amend electoral laws.

Observed instances which were the Commission found itself in situations that have not been encountered before and had proved costly to the Commission e.g the last minute Postponement and Cancellation of Elections by the Judiciary. Stepping Down of candidates.

She acknowledged the visibility of UNDP as a strategic partner for the EMB and was grateful for their support.

She also recognized the continuous support by Counsel present to the EMB.

Commission Vice Chair Ms. Mahiri Zaja

Gave apologies from the Chairman, who is currently away in Scotland to observe the Referendum.

Appreciated the role of UNDP as a partner and the initiative to audit and reform electoral laws

Observed that it was approx. 1059 days to the next General Elections.

Looked back on the Complexity of the past election, which had over 12,000 candidates and 6 elective positions all conducted in oneday

Gave clarity to the figures for the petitions; 188 Petitions were lodged against the commission 163 were dismissed 25 were heard to conclusion 17 by-elections were held 15 returned the same candidate

Observed that it is important to come up with a Referendum Law

Engagement with stakeholders was healthy as positive criticism was important to the strengthening of the EMB.

The Workshop was Officially opened.

DLPA - Praxedes Tororey

Gave a brief overview of the TimetableObserved Institutional strengthening and

professional development as an activity the commission is undertaking

Also observed that it was important to also look at emerging issues like; IEBC Act – In regards to Structure, Governance and

Decision Making which would go along way in Institutional strengthening.

Elections Act Secrecy of the Ballot Elections free from violence

Declaration of results, pronouncement vis a vis gazettement

Petition Rules and Supreme Court Rules Presidential Elections Boundaries Delimitation Registration of Voters Diaspora Voting Regulation of Political Parties Political Party Liaison Committee Result Tallying & Statutory Forms Use of Technology & Development of Legislation

Presentation 1 – Salome Oyugi

Issues arising from ; Dispute Resolution and Nomination process Timelines on determination of disputes arising from

declaration of Results Elections and Technology Voter Education

Plenary

Law needs to concisely address educational qualifications

Law needs to address the recall of nominated MCAsNeed for the masses to be sensitizedDevolution of Dispute resolution to Regional Levels

and probably to Constituency LevelsRecommendations on ICT were to be adopted as

they were goodNeed for legislation around dispute resolutionNeed to relook at when and how a candidate can

withdraw from a political contest

Presentation 2 – Nancy Kariuki

Issues arising from; Voter Registration Process and Boundary Delimitation Procedure of Pre polling and Post polling day Declaration of results

Plenary

Regulate on Diaspora registration and voting so at to realize cost effectiveness

Access of prisoners to register and voteContinuous voter registration and definition of the

functionPolling stations and streamingLegislation on the steps to conduct voter registrationAmendment of law to remove waiting card as a

document to registerCustody of the Register and its significance to the

Commission

Plenary Cont.

Formula for apportionment and delimitation of boundaries

Legislate around the relelase of information and in what form

Handling of Election materials – e.g Counterfoils

Presentation 3 – Paul Nyamodi

Possible Amendments arising from conduct of Election petitions and Boundary delimitation

Plenary

What is the role of the Commission in the resolution of political party nomination disputes?

Can Alternative Dispute Resolution be used to settle election disputes?

Can the IEBC co-opt persons who are not members of the Commission to the Commission’s dispute resolution panel?

Justice Odek (Hour glass structure of the judiciary) & Prof. Lumumba (Polyprudence)

The challenges faced by the judiciary in handling and storage of materials delivered to court under Rule 21 of the Election Petition Rules.

The need to determine the cost of implementing the Elections Act

DLPA – Praxedes Tororey

Introduced to the group a document by KNCHR – Case for Regulation of Party Nominations

Which proposed the formation of;Party Nomination Board

Which is a standing National Election Management Board-NEMB and

A standing Local Elections Coordination Committee –LECC, not less than 12 months before date of next general election.

Membership Membership to NEMB & LECC shall meet the

requirements of Political Parties Act and shall be approved by National Delegates Conference – NDC

Members of the boards shall not be eligible to stand or be nominated for any party post.

Functions of the Boards Parties Constitutions shall provide for the functions of

the boards.

The Document further proposed; Nomination Processes Voting Procedure - Role of IEBC in party voting

process Dispute Resolution -Multi level dispute resolution

panels and Relationship between Political Parties Disputes Tribunal and IEBC. As well as Reserve right to appeal decisions

Party Discipline - Enforceable Code of Conduct and Identify organ to operationalize the disciplinary mechanisms

THE END

There are two methods of fighting, the one by the law, the other by force: the first method is that of men, the second of beasts; but as the first method is often insufficient, one must have recourse to the second. - Niccoló Machiavelli, The Prince.