PROTECTING INTEGRITY AND ACCOUNTABILITY IN ELECTIONS AND GOVERNANCE IN KENYA

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The Constitution of Kenya 2010 demands a Government by the People, For the People, With the People,
determinately putting people at the centre of Kenyan democracy. Elections remain the founding principle and
cornerstone by which the Kenyan people bestow legitimacy of government when they choose who to represent
them in a free and fair poll.

Once again, Kenya is preparing for a General Election in 2022 but this time, amidst the COVID-19 pandemic
which has been characterised by numerous human rights violations, reduced face-to-face outreach programmes,
diminished civic spaces, and negative effects to the economy, which have led to the loss of lives and livelihoods.
However, Kenyans must come together yet again to demand that the principles of democracy and rule of law be
adhered to by actively participating in the upcoming 2022 elections and electoral processes. For the citizens’ vote
to count, transparent, accountable, credible, free, and fair elections must be guaranteed.

It is in this regard that we, The Angaza Movement (TAM), a national and grassroots grouping of active citizens
and human rights activists, have come together to support civic participation, enhance electoral integrity, and
transform political leadership in Kenya. The Movement’s Agenda on electoral integrity will, through advocacy
and political dialogue, push for transparent and accountable electoral and political processes, as well as citizens’
active participation in electoral processes.

The Angaza Movement will focus on the following five (5) key issues ahead of the 2022 General Election to
ensure integrity, transparency, accountability, credibility, free and fair elections, and effective leadership:

  1. Unresolved Electoral and Political Injustice
    Many victims of Electoral and Political Injustice in Kenya have yet to receive any form of redress for the
    violations that they suffered in past elections. Perpetrators of these violations have not been held to account either
    through courts of law or other accountability mechanisms in Kenya. In addition, many illegalities committed on
    the watch of the Electoral and Boundaries Commission (IEBC) during elections remain unresolved. As Kenya
    prepares for the 2022 elections, and for purposes of closure for victims of electoral injustices, and in the spirit of
    deterrence of future violations and electoral offences, The Angaza Movement demands from the Judiciary and
    the Office of the Director of Public Prosecutions (ODPP):
     That the Judiciary fast-tracks all pending cases for victims of electoral injustices within the next six
    months.
     That the Office of the Director of Public Prosecutions develops guidelines to enhance investigation of
    electoral offences during the electoral cycle.
  2. Electoral Integrity for Political Leadership
    Past electoral cycles have seen affluent politicians with the ability and resources to mount expensive campaigns
    use false promises to woo the electorate. This has resulted in conspicuous election to office of leaders with
    integrity questions. The use of money during elections has subverted the will of many Kenyans as it has not only
    affected their ability to choose good leaders, but has equally influenced the credibility of the elections and the
    electoral processes. The Angaza Movement therefore:
     Demands that Parliament enacts legislation to regulate the use of funds by politicians during campaigns.
     Commits to supporting processes that adhere to ensuring political integrity, including supporting leaders
    who demonstrate responsibility to conducting accountable politics.
     Call upon the responsible authorities to faithfully implement regulations that develop and support a cadre
    of leaders with integrity.
  3. Electoral Governance
    Kenya has undergone two election cycles under the Constitution 2010, culminating most recently in the
    nullification of the 2017 presidential election result by the Supreme Court of Kenya due to irregularities that
    affected the integrity of the election. Nonetheless, 11 years since the promulgation of the Constitution, there are
    still deep concerns about whether the promise of a governance system that meets the democratic threshold of a
    free, fair, peaceful, credible, transparent, and accountable election and outcome can be a reality in the coming
    polls.
    Kenyans want to participate in an election that will not result in violence, falsified election outcomes, destruction
    of property, displacement, and death. The Angaza Movement has observed continued impunity in relation to
    elections. The electoral management body – the Independent Electoral and Boundaries Commission – and other
    public agencies working on elections have proved either unwilling or incapable of reining in the political class,
    which has continued to perpetrate the culture of impunity.
    Electoral systems and organisations supporting electoral management, including the setting up of institutions,
    identifying leadership, and developing rules, must be put in place or strengthened to create certainty,
    accountability, and legitimacy of their actions.
    The Angaza Movement, therefore, makes the following demands from Parliament, IEBC, the Judiciary, the
    Director of Public Prosecutions, and the National Police Service:
     That IEBC and other public agencies regulating the electoral environment and security promote and
    uphold human rights, and conduct effective investigation and prosecution of electoral offences and
    offenders.
     That former IEBC officials currently holding key public offices linked to the elections, namely Ezra
    Chiloba, CEO of the Communications Authority of Kenya; Immaculate Kassait, Commissioner, Office of
    Data Protection Commission; James Muhati, CEO of Huduma Kenya; and Anne Nderitu, Registrar of
    Political Parties, who were alleged to have been involved in subverting the will of the people in the 2017
    General Election, be removed from their positions and replaced with persons without past integrity
    questions.
     That a substantive CEO of the IEBC be appointed with immediate effect.
     That Parliament enacts legislation to regulate campaign financing in order to ensure accountability of
    resources used during the electoral cycle.
     That the National Assembly enacts legislation to regulate political party nominations, and also to enhance
    the effective participation of women in the competition for elective positions.
  4. Retaining Elections to the People
    The country is witnessing an alarming increase in voter apathy. Granted, most Kenyans have been disillusioned
    by the management of elections, their credibility, and the integrity of the results. The Movement notes with deep
    concern that Kenya’s voter register has been one of the easiest ways to obstruct the will of the people in past
    elections. Without a credible voter register, it is impossible to ascertain who is voting! In 2013, the register had
    numerous additions and deletions. In 2017, an audit by the KPMG revealed serious errors in the register that were
    deemed deliberate so as to inhibit verifiability. Further, violence has marred not only past elections, including the
    recent by-elections held across the country. Numerous incidents of violence aimed at disrupting voting processes
    with the ultimate goal of changing the outcomes, against the will of the voter, have been witnessed.
    Election management must restore the credibility of elections and the faith of the citizens in the voting process.
    The Movement will continue to robustly scrutinise the election preparatory processes, including carrying out
    political and civic education, and advocate for IEBC to deliver a voter register that has integrity and is verifiable.
    The Angaza Movement also demands:
     That IEBC roll out a robust Civic and Voter Education Programme to ensure citizens are supported to
    understand the electoral processes and the need to participate, and gain access to vital services such as
    voter registration.
     That IEBC commits to Protecting of the Right to Vote by ensuring registration centres are accessible,
    especially in regions with marginalised communities; push for the timely registration of persons eligible
    to vote; and fast-track the issuance of identification cards.
     That integrity of the Voter Register be ensured: the voter register cannot continue to be a moving target,
    as was observed in the past two general elections. We call on the IEBC to inform citizens of the reforms
    undertaken to eliminate the illegalities in the voter register, even as it continues to enlist new voters. With
    the 2022 elections just 10 months away, certainty over the voter register needs to be established.
     The use of Technology in Elections should enhance verifiability, integrity, credibility, and accountability
    in the election. Therefore, IEBC must (a) Ensure procurement for the provision of technology meets the
    legal requirements. (b) Publicly share information of the providers of technology for the elections,
    including their contractual terms.
     That Security Agencies, specifically the National Police Service, in collaboration with the ODPP and the
    National Cohesion and Integration Commission (NCIC), ensure negative and divisive political narratives
    and mobilisation for violence are addressed and perpetrators held accountable.
  5. Justice and Accountability for Electoral-Related Gender-Based Violence and Human Rights
    Violations
    Exercising civil, political, and human rights by participating in elections is protected in our laws, yet women
    remain the biggest victims and survivors of election-related violence. The cycle of political violence against
    women in the form of sexual and gender-based violence usually escalates during elections, thereby
    disenfranchising the female gender. The election period is compounded further by the anonymity of the
    perpetrators coupled with a weak/lack of effective response from the Government. The presence of violence is an
    indictment on the security sector and electoral management bodies, and a sign of the absence of an environment
    that advances free and fair elections, as it denies women an opportunity to freely express and enjoy their political
    rights. Undoubtedly, violence has become a tool of political operation and, therefore, electoral operation.
    Women, girls, boys, and men must be protected against normalised political, physical, and psychological
    violence, including the use of rape, gang rape, sexual assault, and defilement. The Angaza Movement demands
    that:
     State institutions implement the existing guidelines on the management of sexual violence in order to
    protect women and girls, and put an end to the impunity that has allowed conflict-related sexual violence
    to thrive without redress or accountability to survivors.
     The Kenya Police Service and all Political Parties protect women against all forms of political violence
    by guaranteeing a safe electoral environment for the enjoyment of political rights