SOUTHERN AFRICA
29th December 2007
Official Preliminary Statement by the COMESA Electoral Observer Mission on the 2007 General Elections for the Republic of Kenya
Background
Following the launch and deployment of an Electoral Observer Mission to the 2007 General Elections for the Republic of Kenya by the Common Market for Eastern and Southern Africa (COMESA), the COMESA Electoral Observer Mission would like to issue a preliminary Statement on the findings of its mission. Its findings cover the Pre–Election Period, Polling Day and Post Election Period covering the period after the polling date to date.
In line with the commitment that the Republic of Kenya and other COMESA Member States made under Article 6 of the Treaty of the Common Market for Eastern and Southern Africa (COMESA) to promote Democracy and the rule of law within the COMESA Region, the COMESA Electoral Observer Mission would like to restate the following principles under which it was deployed:
(a) a sign of solidarity of the people of the COMESA Region with their brothers and sisters in the Republic of Kenya as they reaffirm their commitment to democratic system of governance;
(b) a contribution of the people of the COMESA Region to the transparency of the Electoral Process.
(c) the belief that a democratic Republic of Kenya is an environment in which each and every citizen of Kenya can exercise his or her rights to effectively exploit the opportunities in the COMESA Region for the eradication of poverty and wealth creation;
(d) the conviction that a democratic Kenya is conducive for foreign and domestic investment; that will translate into economic benefits for her people through employment opportunities and technology transfer;
(e) the belief that the lack of democracy is the root causes of conflict, and that credible and legitimate democratic elections are a foundation to sustainable peace, security and stability.
In summary, the COMESA Economic Integration Agenda was launched on the belief that the consolidation of democracy and the rule of law in the region was the foundation for the successful attainment of the objectives of the Common Market for Eastern and Southern Africa (COMESA).
Composition of the Mission
As indicated in our statement at the official launch of the Mission earlier in the week, our mission is composed of Eminent Men and women from the following COMESA Member States:
(a) Ethiopia,
(b) Malawi,
(c) Rwanda,
(d) Sudan,
(e) Zimbabwe and
(f) Zambia.
Our Observers are divided into two categories namely:
(a) Short Term Observers – who will leave in a few day’s time and
(b) Long term Observers – who are based in the country and shall continue to observe the electoral process until its conclusion.
Deployment
The Mission was deployed in 7 of the eight provinces of the country namely:
(a) Central province,
(b) Coastal province
(c) Eastern province
(d) Nairobi
(e) Nyanza province
(f) Rift Province
(g) Western province
We would like to underline that while the Mission would have liked to have covered all provinces of the country, it was unable to do so due to logistical and financial constraints. However, our partnership with other observer missions has allowed us to have a global picture of the process.
Methodology
In line with the Universal Declaration of Principles of Democratic Elections the Mission discharged its mandate within the electoral legal framework of the Republic of Kenya. The Mission used a statistical methodology for aggregation of observation of all polling stations visited by the observers. The Observer team regularly communicated and held team debriefings throughout the observation period to enable a compilation of this preliminary report.
Meetings with Stakeholders
The observers held meetings with a cross section of the leadership of political parties and candidates participating in the Electoral Process which included the ruling party and opposition political parties, candidates or their representatives, civil society organizations, other stakeholders such as religious organizations and cooperating partners such as the East African Community, the European Union, the Commonwealth, the Diplomatic Community Observers in Kenya and national observers. The Observers also attended several briefings held by Electoral Commission of Kenya (ECK).
Political Campaign
In addition to having meetings with stakeholders and receiving briefings from Electoral Authorities, observers also attended political campaign rallies and reviewed various media and other reports.
General Observations on Pre Election Period
The Mission observed that the 2007 parliamentary General Elections of the Republic of Kenya have been held under the following conditions:
(a) an environment of relative peace;
(b) localized intra-party and inter-party violence in certain constituencies;
(c) an atmosphere of suspicions of possible vote rigging;
(d) variations in the state of preparedness of all the political parties as a result of internal political structural dynamics;
(e) unequal allocation of airtime to political parties and candidates in the public media;
(f) intimidation of rival candidates and supporters by all parties in certain parts of the country;
(g) allegations of use of public funds for campaigns by the ruling party in certain regions.
Having noted the aforementioned conditions some of which have not yet been verified by the Mission, the mission evaluated the alleged irregularities within the national legal framework and noted the following:
(a) the Kenyan electoral legal framework provides for redress of electoral grievances such as irregularities identified by all political parties, the civil society and all stakeholders;
(b) stakeholders that raised complaints in respect of alleged irregularities and violence sought redress from the Electoral Commission of Kenya, which through its Code of Conduct Committee and Peace Committees responded by setting up tribunals which gave rulings and imposed punitive measures on culprits.
(c) the criminal justice system in the country is addressing those issues that go beyond the realm and mandate of the Electoral Commission of Kenya.
Evaluation of the Polling Day
Voter Turnout
Voter turnout in the country was high.
Voting Process
(a) Observation of the Opening of Polling Stations
The Mission observed that many polling stations opened later than the official opening time due to various reasons some of which have not yet been verified by the Mission. The Mission observed that generally the lost time was equally compensated for as required by the national electoral process in most cases. However the Mission noted with concern that in some polling centres where there was need to compensate time in accordance with the legal framework, the same was no done.
However, correct procedures on the opening of the polling stations were strictly adhered to.
(b) Observation of Polling Operations
With regard to polling operations, the Mission noted the following:
(i) Polling stations allowed easy access to voters, observers and monitors/party agents and, to a large extent guaranteed secrecy of the vote whilst ensuring security of election staff and material;
(ii) The Mission did not witness or observe any form of intimidation of voters inside or outside the polling stations;
(iii) Law and order were observed generally in the polling centres in the country. Therefore, the presence of security personnel was limited to keeping of law and order without interfering in the polling process;
(iv) Voting procedures such as checks on voters cards, verification of voters in the voters register and the application of indelible ink on voters were strictly adhered to;
(v) Where voter identification problems occurred, electoral officials handled such cases in a manner that ensured that voters with valid documentation were accorded the right to vote;
(vi) In some cases campaign materials were observed within the prohibited radius of the polling Centres;
(vii) The Mission also noted with concern that the practice of interviewing political leaders within the perimeters of the polling stations, after they had voted created the environment of breaching electoral law in terms of campaigning during the prohibited period;
(viii) Agents of political parties and candidates were allowed to monitor the process;
(ix) Except in a few cases most voters had good understanding of voting procedures and those who needed assistance were assisted in a courteous and professional manner.
Postponed Elections
The Mission has noted that in a few Polling Centers, voting for civic candidates has had to be postponed as a result of various issues such as some of the ballot papers not having some candidate’s names or a mix up of party symbols. The Mission takes note of the advice by the Electoral Commission of Kenya that new dates for the postponed polling shall be set before next Tuesday.
Observation of Closing and Counting Operations
The mission also observed closing and Counting Operations at a number of polling stations and noted the following among other issues:
(i) Electoral Officials had good knowledge of rules of procedure on counting and closing operations and adhered to the law meticulously.
(ii) Party and candidates agents and Observers were allowed to monitor and observe the closing, counting and result data entry procedures;
(iii) The Mission however noted that while the above process was necessary it inevitably led to delay in the releasing of results.
(c) Capacity of Polling Staff
The Mission observed that overall, polling station staff displayed sufficient knowledge of the electoral law and procedures and handled complex situations in a professional manner.
(d) Participation of Women
The Mission noted that women as electoral officials were adequately represented and in certain polling stations they had a presence of up to about 90%.
Overall Assessment
Before the Mission makes its final preliminary assessment of the Electoral Process, the mission would like to underscore the following:
(i) the objective of the observation was not to observe “perfection” or a model process;
(ii) the objective of our mission was not to pass judgment on the electoral process or validate the electoral process as a whole;
(iii) genuine democratic elections are an expression of sovereignty, which in this case belongs to the people of Kenya, whose free expression of will provide the authority and legitimacy;
Looking at the country as a whole and taking into consideration the foregoing the Mission has come to the conclusion that the 2007 General Elections for the Republic of Kenya took place, in an environment of relative peace, and the few localized incidences of violence referred to earlier did not compromise the integrity of the votes cast. In short, the process took place in an environment, which was transparent and secure enough to guarantee the freedom of the vote and respect of the voters will.
We would however, like to state that this assessment relates to the conduct of elections up to collation of results. However, the Mission notes with concern the slow process of collating the national results which has led to heightened tension in several parts of the country. The Mission commends the ECK for the frequent briefings which are meant to up-date and clarify the situation.
The Mission would like to specifically commend the Presidential candidates who have prevailed upon their cadres to avoid taking actions that would jeopardise peace and security, and would urge them to maintain the same patience until the final results are announced.
Conclusion
The COMESA Electoral Observer Mission noted with regret that several Kenyans have lost lives in this electoral process and would like to express their heartfelt condolences to the bereaved families and the entire nation of Kenya.
The Mission is aware that the electoral process is still going on and would like to call upon the people of Kenya to maintain peace and security as the counting and tabulation of results goes on. The Mission further calls on all aggrieved parties with the electoral process to address their grievances through appropriate legal channels in a peaceful manner. Knowing that democracy is a process and not an event, the Mission would also like to call on the peoples of the Republic of Kenya, the COMESA Region and cooperating partners to continue working together to consolidate the democratic system of governance that the Republic of Kenya is committed to under its own constitution as well as the COMESA Treaty and other regional and international instruments.
Lastly, the Mission would like to congratulate the people of Kenya for turning up in large number to express their will, and the ECK for the able manner in which they handled the mammoth national task. The Mission also wishes to express its profound gratitude to the people of Kenya for the warm hospitality that is being accorded to the Mission as it continues observing the process until the announcement of the final results. The Mission shall prepare a detailed report of its observations which shall be submitted to the people of Kenya through the ECK.
The Mission would also like to express its appreciation to all COMESA Member States for showing solidarity with the people of the Republic of Kenya in reaffirming their commitment to democratic system of governance. Special tribute is paid to the COMESA Member States that contributed personnel to the Mission.
Ambassador Lovemore Mazemo
Mission Leader- COMESA
For further information please contact
Mr. Brian Chigawa +254 721 270797
Mr. Mweusi Karake +254 727 730432
