Election Watch : Report 6

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ElectionWatch Report #6

VOTE OF NO CONFIDENCE

InformAction October 2017

with Kura Yangu, Sauti Yangu

Summary

On September 1st, 2017, Kenya’s Supreme Court nullified the Presidential poll of August 8th on the basis of massive ‘irregularities and illegalities’, making history as the first African country to void an election.  The ruling focused on the counting, tallying and transmission of results, after a relatively smooth management of voter identification and ballot casting[1].  However, the process on polling day was also marred by errors. These have been effectively sidelined because of the larger issues dogging the tallies and results transmission. 

ElectionWatch 6 catalogues examples of process errors from the August 8th poll. The findings of the report reinforce significant pre-election concerns regarding the register, and show other difficulties encountered on polling day, including irregularities, illegalities, and mismanagement of the electronic Kenya Integrated Election Management System (KIEMS). 

ElectionWatch 6 is released at a time when the country is struggling with an extended political crisis over whether it can hold a credible fresh election, as ordered by the Supreme Court, within the constitutional deadline of November 1st. Serious electoral reforms are essential before Kenyans go to the polls again - yet, Kenyans are currently expected to participate in a fresh election by November 1st without knowing the source and integrity of the results that were declared in favor of the incumbent on August 8th.  

Since the annulment, caretaker President Uhuru Kenyatta has resorted to castigating the Supreme Court and controversially introducing self-serving amended electoral laws. Opposition leader, Raila Odinga, demanded ‘irreducible minimum’ reforms by the electoral board, and subsequently withdrew from the October 26th election on the basis that it cannot be credible. The judiciary is handling a multiplicity of election-related cases, and Kenyan civil society is struggling to find effective ways to urgently push leaders to find a political solution.

As the crisis worsens, it is characterized by increasing state violence, deep division, and an escalation of hate speech, intolerance and intransigence. This has grave implications for Kenya.

Key Findings

  • Voter disenfranchisement and translocation, and serious Register inconsistencies
  • Failure and mismanagement of the Kenya Integrated Election Management System
  • Examples of fraud and irregularities, including tampering with electoral material  
  • Instances of obstruction of local observers and media during voting, tallying and transmission

Methodology

InformAction (IFA) is accredited with media and election observer status. It utilizes seven field teams embedded in Kericho (South Rift), Maralal (Northern Kenya), Kisii (South Nyanza), Kisumu (Nyanza), Nyeri (Central), Isiolo (Eastern Kenya) and Mombasa (Coastal Region), and a mobile observer team from the support base in Nairobi. The teams use a combination of systematic and spot-checking observations, including video documentation and photography.

During the August 8th General Election, the IFA observers joined with the KuraYanguSautiYangu civil society coalition in mobilizing some 500 observers throughout the 290 counties to monitor and observe the election. Alongside accredited observers, IFA also received observations from the public in pictorial, video and written form, amounting to some 1500 images of results forms (Form34A), which are posted for pubic viewing outside the polling stations. Updates from IFA and KYSY released during the election can be found on www.informaction.tv

IFA observers have been monitoring the election process since 2016. They use qualitative methods based on interviews, observations and document analysis, using stratified and random sampling, monitoring the experiences and actions of voters, election officials and security personnel, as well as any other actors or participants involved in the electoral process, during the pre-election, election and post-election periods. During monitoring, teams use social media internally to coordinate movements and relay and compare findings. Legal advice and research services are available to the observers at all times. The embedded field teams also benefit from their extensive local knowledge and networks in the counties www.informaction.tv

InformAction observers witness and document the application of constitutional standards and election regulations.

The filming, participation and consultation of individuals in this report was done with their full cooperation and consent. To prevent unauthorised access, maintain responsible data usage, and ensure the correct use of information, InformAction has obscured or removed images and evidence relating to personal identification details.

Background

Results from the August 8th poll started to be streamed on the portal of the Independent Electoral and Boundaries Commission (IEBC)[2] within minutes of the polling stations closing at 5pm.  By the early hours of August 9th, the IEBC was poised to announce a final result, despite growing tensions over the major anomalies and contradictions evident in the data on display. There was a total absence of images on the portal of the results forms from the polling stations – Form 34A – as promised by the IEBC in the pre-election period.

Tallying and results, rather than the voting process, has always been the flashpoint for Kenyan elections. National anxiety over unsubstantiated numbers is rooted in a long history of fraudulent, violent and manipulated elections. After the post-election conflict of 2007-8, an international commission of inquiry set up by the government, The Independent Review Commission, identified the need, in the so-called Krieger Report, for a raft of legal and constitutional reforms, and recommended the use of technology in future elections to avoid manipulation of the process and results.  It also issued a critical recommendation to integrate the issuance of national ID cards and voter registration, so that voters ‘should be allowed to vote with the simple presentation of national ID or passports’.[3] Many of the recommendations and reforms have failed to be implemented effectively, or at all.

Tensions immediately escalated after close of polling on August 8th, despite praise from international observers, whose assertions that there was no apparent fraud and manipulation quickly proved premature.[4] John Kerry, former US Secretary of State, heading the Carter Center observer mission, went further to say the IEBC had ‘put together a process that will allow each and every votes integrity to be proven and to be protected.’ [5] Foreign observers were later heavily criticized locally and internationally for making definitive pronouncements before the full process was complete, and in the absence of knowledge of, or access to, key aspects of the full election cycle[6].

Delayed announcement of results led to protests in Nairobi, Kisumu and Western Kenya  (see video below). The protests were handled brutally by police, including lethal shootings and beatings, which kicked off an increasingly shocking level of state violence against civilians.[7]  When IEBC announced the incumbent, Kenyatta, winner on August 11th, opposition leader Odinga rejected the outcome as fraudulent.[8]

Activist organizations were targeted in an immediate crackdown on civil society[9], and Odinga proceeded to challenge the election result at the Supreme Court. The groundbreaking judgment was delivered on September 1st by Chief Justice David Maraga, which ordered a fresh, compliant election within the constitutionally mandated period of sixty days.

August 8th General Election

The election was the largest and most complex election ever held in Kenya in terms of voter numbers, polling stations and candidates vying for posts.

Table 1: Candidates and Seats in the 2017 General Election in Kenya

Elective Office

Number of Candidates

Available Seats

President

8

1

Governor

210

47

Senator

256

47

Member of National Assembly

1,893

290

County Ward Representative

11,857

Variable

Women’s Representative

299

47

Source: Standard Digital. https://www.standardmedia.co.ke/m/article/2001239935/2017-election-to-churn-out-the-highest-number-of-losers-in-the-country-s-history.

Table 2: Election Materials in the 2017 General Election in Kenya

Type of Material

Number of Pieces

Ballots

20,818,000

Ballot Boxes

245,298

KIEMS Kits

45,000

Polling Stations

40,883

The run up to poling day had become increasingly fraught with concerns over the integrity of the register, and the ability and commitment of the IEBC to deliver a transparent and accountable process. Against this highly contentious context, the IT Manager for the IEBC, Chris Msando, was found tortured and murdered just over a week before polling day.[10] The IEBC proceeded with the poll, issuing public reassurances that it was technically capable and prepared to handle the system overseen by Msando.[11]

On Election Day, observers lauded the IEBC’s management of the complicated process of funneling tens of millions of voters past six ballot boxes.[12]  The relatively smooth administration of voting day, however, belied a contentious and fraught pre-election period, marked by low public confidence and unease around critical issues like the integrity of the voter register, legal reform, disenfranchisement, intimidation and corruption.[13]

Serious concerns about the election process include:

  • Register of Voters: the number of registered voters continue to change
  • Voter registration process: marked by inexplicable errors, including instances in which first-time registrants found their names already in the Register, and voters who participated in the 2013 election having been removed from the Register. There were also many voters transferred to other locations without their knowledge or permission, and complaints of IEBC failure to follow up and correct erroneous information
  • Audit of the Register of Voters: KPMG found that the Register contained invalid ID and passport numbers; entries made to the Register outside the registration period; duplicate entries; incomplete and/or otherwise erroneous data; and the presence of over a million dead voters
  • Contentious legal reform process: marked by the re-introduction of poorly defined, manual “complementary mechanisms” to use in case electronic systems failure. Since the Supreme Court judgment, further contentious amendments to electoral laws were rushed through parliament
  • Fraud and intimidation: rampant corruption, including widespread bribery of voters and buying of voter IDs; intimidation of voters, including refusal of public services to those without voter cards; clear lack of internal party democracy and process during political party primaries; widespread disorganization, and incidents of violence in all phases of the election process
  • Multiple incidents of the illegal use of state resources for campaign purposes
  • Procurement scandals implicating senior IEBC officers
  • Multiple delays, contradicting information and unfulfilled promises by the IEBC throughout the electoral process

These problems and events cast a significant shadow over the legitimacy of the process, and ultimately of the final results. Despite promises to the public that election results would be streamed transparently from the polling stations on the IEBC portal, the IEBC has not demonstrated accountability or predictability. The Supreme Court ordered scrutiny of the servers, to facilitate an investigation of the IEBC systems used to transmit and receive results.  IEBC’s non-compliance with the ICT scrutiny order was extensive and prevented the court from examining what happened on IEBC networks, servers, and equipment.[14]

On September 1, the Supreme Court ruled that a flawed electoral process brought the final election result into question, and issued a stern reminder that elections  “are not events but processes:

 “Elections are not only about numbers as many, surprisingly even prominent lawyers, would like the country to believe…there is always a computational path one has to take, as proof that the process indeed gives rise to the stated solution”.

InformAction Observer Findings

This section shows the principle findings in the August 8th 2017 General Election to the IEBC announcement of results on August 11th 2017. IFA has also documented the state response to post-declaration protests.

The field observer findings have been grouped into three themes: issues relating to the voter Register; the failure and mismanagement of election technology; the conduct of IEBC staff in handling the election process at the polling stations; election illegalities; and, post-declaration state violence

1. The Need for a Verifiable Register

Field observers again witnessed confusion around the Voter Register in the August 8th 2017 election. In particular, there were an unusually high number of incidents of voter transfers, which included transfers to different locations and different counties. IFA had noted an unusually high number of transfers during the pre-election period[15].   IFA field teams witnessed cases of voters who discovered on Election Day that they had been registered without their knowledge and approval to different polling stations in a distant location, making it impossible for them to vote on the day.

Screen-Shot-2017-10-24-at-141255

Voters designated polling station transferred to a distant location without their consent.

IFA observers also noted numerous cases of persons with ID cards and voters cards whose details were not in the KIEMS Kit. The response to this was inconsistent. In some cases, the voters were allowed to vote manually by using the Copy Register, with details entered into form 32A. In other cases, affected voters were turned away.

Screen-Shot-2017-10-24-at-141448

Registered voters turned away at the ballot.

There were a number of widespread challenges in identifying voter details on Election Day. IFA observers noted this included names missing from the register; voters who were transferred without their knowledge or permission; and, voters whose details were incorrect in the Register. Some prominent examples include:

  • In Nairobi, Roysambu, IFA observers saw voters casting ballots on an entirely electronic system. There was no manual register – the Copy Register - present to act as a backup. After producing their ID, voters could only vote through fingerprint identification. They were given ballots if their details appeared. [16]
  • At Wabera Primary School Polling Station, Isiolo, a voter was turned away when he was told that he was registered in Migori, despite having a slip for IEBC confirming him as a voter at the polling station. [17]
  •  Margaret Wangare Karau reported to Endarasha Polling Station, Nyeri, and was found to be neither in KIEMs or manual registers. She was allowed to vote after form 32 A was filled.[18]
  • Amina Wako a registered voter at Waso Primary School, Isiolo. She was not in the KIEMS kit but was on the Manual register. She was later allowed to vote after Form 32 A was filled.[19]
  • In Isiolo, Ali Noor, who registered at the School of the Deaf polling station and had a slip mess was told that he had been registered as a voter in Murang’a College Primary School in Murang’a and therefore could not vote.[20]
  • In Kisii Prison Polling Station, a prisoner who produced a voter’s card was told his details were not in the KIEMS kit. He was not allowed to vote.[21]
  • At Aga khan Hall Polling Centre, Kisumu, IFA observers counted 30 voters who were turned away because their names were missing from the Register. They had IEBC slips acknowledging their registration. The group mobilized to seek a meeting with the IEBC’s county office. They were unable to vote. [22]
  • Shilder Kasudi registered to vote at Uzima PCEA Primary School, Embakasi, Nairobi, but the IEBC Register listed her as being registered at Kapko Primary School in Aldai, Nandi, Rift Valley.[23]
  • Phyllis Mwangi registered at St. Peter Clavers Primary School, Starehe, Nairobi, confirmed in an IEBC text message. On Election Day, her details could not be found in the Register at that polling station.[24]
  • Mary Ndungu registered at Unique Estate Polling Centre, Embakasi, Nairobi. She produced an acknowledgement slip confirming those details.  On Election Day her name was missing from the Register. She voted after her form 32 A was filled.[25]
  • At Loresho Primary School, Westlands, Nairobi, the Deputy Presiding Officer told an IFA observer that one voter had been turned away because he had been identified as having voted in another station. This was in spite of the fact that he was actually registered at Loresho Primary School.[26]
  • At Moi DEB Primary School, Bungoma, Leonida Khalumba was not found in the KIEMS kit and not allowed to vote despite having a voter’s card.[27]
  •  Mosonik Chebii’s name was not found in the KIEMs kit at Kuriot Polling Station, Sotik. Her details were recorded in Form 32 A and she was allowed to vote. [28]
  • At Mweiga Secondary School Polling Station, Nyeri, Abdi Paul Bokore a registered voter was not found in the KIEMS kit. A Form 32A filled and he was allowed to vote.[29]
  •  Jane Wangui Kariuki, voter at Endarasha Secondary School, Kieni, was observed trying to vote, although the KIEMS system flagged her as having voted ten minutes earlier. She insisted that she had not voted; she did not have ink on her finger (which identifies those who have voted). She was allowed to vote. [30]

Screen-Shot-2017-10-24-at-141658

Voters who were not in the KIEMS Kit, but were allowed to vote manually using the copy register.

2. The mismanagement and failure of election technology

Kenya spent Sh54 billion, including an estimated Sh9 billion from donors[31], to create and implement a biometric voter registration system. This had been recommended in the Kreigler Report[32] to prevent the multiple voting and ballot stuffing that had characterized Kenya’s history of fraudulent election. A vital check and function of an electronic system is the transmission of results in a verifiable manner.

Less than two months before the August 8th General Election, the High Court confirmed on appeal[33] that results declared at the polling station were final, stripping the IEBC of powers to amend vote totals at the National Tallying centre in Nairobi. It ruled that the IEBC exercises its powers through the returning officers who are entrusted to call the election results. It is for the returning officers to ensure the right results are declared rather than the Chairman to determine what is correct or wrong in the results. Verification is only meant to ensure that “the number of votes cast, those spoiled and those remaining add up to the total number of ballots issued to a particular polling station.[34] However, despite the massive financial and legal investment in election technology, the electronic system experienced failures on Election Day.

Screen-Shot-2017-10-24-at-141850

Failure of Biometric Identification Kits.

IFA observers noted that equipment failure and mismanagement contributed to delays at the start of the voting process. Delays affect turnout, and public confidence in the electoral system. It impacts voters forced to queue for unreasonably long periods, even if compensated for by additional time.

There were multiple complaints regarding the slow movement of queues, due mainly to the time it took for the kits to identify fingerprints.[35]

  •  Wabera Primary School Polling Station, Isiolo, opened half an hour late at 6:30 Am because the KIEMS kit was not accepting the password that IEBC staff were using to log in. [36]
  • In Moi DEB Primary School Polling Station, Bungoma, the clerks were unaware of the password on the KIEMs kit which led to a delay in the start of the vote.[37]
  • In Kambi Odha Nursery School Polling Station, Isiolo, the kits’ refusal to accept passwords entered delayed voting until 8:00am.[38]
  • In Stream 2 of Mwangaza Primary School Polling Station, Isiolo, the KIEMS kit stopped working from 9:30am to 11:10am. The kit was replaced, and the Deputy Presiding Officer promised to delay the closing of the station to make up for lost time.[39]
  • More than an hour after polling stations were supposed to open, Charity Primary School, Nyeri, was still waiting for the delivery of voting material to begin voting.[40]
  • Kuriot Polling Station in Sotik Constituency, Bomet, the Presidential Ballot box had a hole in it which delayed voting for one hour as an alternative box was sought. The hours allotted to voting were extended as a result.[41]

3. Conduct of IEBC staff in handling the election process at the polling stations

IFA documented visual evidence of irregular conduct by IEBC staff.

IFA observers noted that IEBC officials did not always work to ensure that voting occurred smoothly. Some broke the law by submitting incomplete forms. Others made arbitrary rules on what should be considered a valid vote. Accredited election observers and media suffered obstruction by IEBC officials in some poling stations.

Screen-Shot-2017-10-24-at-142042

IEBC officials obstruct observers in the August Elections.

  •  IFA observers were prevented from taking pictures of the queue of voters outside Isiolo Stadium Polling Station in Isiolo. [42]
  • In Mombasa, an IFA observer was forced out of the polling station. He was told he was not permitted to cover the voting, tallying or result transmission processes. [43]
  • At Donholm Primary School in Nairobi, an IFA observer was told she could not enter a polling station without a letter. The observer was accredited and had an IEBC-issued badge. [44]

Screen-Shot-2017-10-24-at-142200

IEBC officials in Nyali Constituency frustrate a disabled voter.

  • At Farasi Lane School in Nairobi, an IFA observer was told the polling station had “enough” observers. He was not permitted to vote and was told to return later. [45]
  • At Kisii Primary School Polling Station, Stream 5 the Presiding Officer harassed IFA observers because she did not want them to take a photo of Form 34A.[46]
  • At Waso Primary School Polling Centre, Stream 3 in Isiolo, security officers attempted to pull an IFA observer out of the polling station, claiming that media and observers were not permitted inside during counting of results.[47]
  • At Naimarlal Polling Station in Maralal, the Presiding Officer and Deputy Presiding Officer did not use Form 32 A (recording voters who were not on the KIEMs kit). They claimed that it was too much work to do so. [48]
  • In St Peter Clavers Primary School Polling Station, Nairobi, IEBC staff did not have Forms 32. They used an exercise book instead to record those whose details were not in the KIEMS system. [49]

There were also incidents of serious mismanagement of the process by IEBC officials. In some areas, voters arrived at polling stations to find a chaotic procedure, with no clear queues and no directions about where exactly to go.  

•     At Uzima PCEA in Embakasi South, Nairobi, none of the 15 streams was clearly and alphabetically organized. Voters resorted to sending text messages to the IEBC’s “70000” number to receive details about the stream to which they had been assigned. Those without airtime could not find their queues easily.[50]

•     At Waso Primary School Polling Centre, Isiolo, the Presiding Officer changed the location of the voting from one classroom to the other. The change was not communicated, and there was no one to direct voters on where to go. [51]

•    At Soymet Polling Station, Bomet, a voter mistakenly placed her marked gubernatorial ballot into the Member of National Assembly ballot box. The Deputy Presiding Officer incorrectly instructed the voter to place her MNA ballot into the gubernatorial ballot box. [52]

•    In Isiolo, IFA observers noted that many presiding officers did not know the exact number of registered voters at their stations.[53]

•   At Central Primary School in Mombasa, an IFA observer received a ballot paper with wet ink when she voted. She was given a new one after alerting the clerk.  [54]

•    In Endarasha Secondary School, Nyeri, assisted voters secrecy oath forms were not filled. In most polling centers only the first two who came had their forms filled. [55]

•    At Kambi Garba Primary School in Isiolo, a group of voters who required assistance sat together near the Presiding Officer. It was impossible for any member of the group to maintain the privacy of her or his choice.  [56]

•    At Kambi Garba Primary School Polling Station, Isiolo, the Presiding Officer said that one of the biggest challenges is that men insist on assisting their wives, even when they do not require it, because they want to influence the choice.  [57]

Screen-Shot-2017-10-24-at-142338

 Debating valid votes at a polling station in Bomet county.

•    In Soymet Polling Station, Bomet, observers saw that polling officials kept looking at the votes of those assisted to vote before they cast their vote.   [58]

  • In Sotik, Bomet, IFA observers saw an IIEC ballot box labeled “Vice President.” It remains unclear what this box was being used for and why it was labeled in such a way.[59]
  • At Gatina Primary School in Nairobi, IFA observers saw security officers in polling stations writing down results and passing them on to their seniors. [60]
  •  Naimarlal Primary School Polling Station had several campaign posters on it and around the polling station. This is against the law.[61]
  •  Muruankai Polling Station. Samburu North Constituency, Samburu County Two Voters with Jubilee Party Shirts were allowed into the Polling station and also allowed to vote. One of the voter had both a cap and a shirt in support of one Jubilee Candidate and was never flagged by the voting clerks. [62]
  • At Jomo Kenyatta Primary School in Kisumu, members of the public formed a ring outside the polling station to observe the counting process.[63]
  • At Gatina Primary School in Nairobi, IFA observers saw security officers in polling stations writing down results and passing them on to their seniors. [64]
  •  Naimarlal Primary School Polling Station had several campaign posters on it and around the polling station.[65]
  • In Moi DEB Primary School Clerks and Agents fell asleep before the conclusion of the vote count.[66]

Screen-Shot-2017-10-24-at-142611

IEBC officials and party negotiate their own interpretation of election rules, relating to which votes are valid.

  • In Nyeri County, IEBC presiding officers were still struggling to identify and connect with their deputies and clerks on the evening before elections. At Mweiga High School in Kieni Constituency, IFA observers noted that the security of voting materials could have been compromised because there were over 300 people present. [67]
  • In Endarasha /Miyogo Ward the Kimunyuru Day secondary school Returning officer transported voting materials in his private car from the distribution centre unaccompanied.[68]
  • At Kisauni Constituency Tallying Centre in Mombasa County, some presiding officers and deputy presiding officers complained that they had been assigned to multiple polling stations.[69]
  • The Returning Officer in Muhoroni Constituency, Kisumu reported that she forgot Forms 34A, 37A and 38A. Earlier in the day, there were allegations that she had locked out chief agents while doing collation of the results. Agents’ scrutiny of Form 34B showed that alterations had been made.[70]
  • On 09/08 In Kisumu East Constituency Returning Officer absconded duty following an altercation with a candidate and the Deputy Returning Officer had to conclude the proceedings[71]
  • In Muhoroni Constituency Kisumu County the Returning Officer tried to bar party agents from the Constituency Tallying Centre claiming that the tallying process had been completed. Subsequent scrutiny revealed that the final tallies on forms had been altered from those that were declared. [72]
  • At the Kisumu County IEBC office, even after the collation of the votes was said to have been completed Constituencies still hadn’t sent their tallies two days later. Returning Officers in Seme and Kisumu West were unreachable according to County Deputy Returning Officer while Nyakach RO had tried to submit incomplete results. [73]
  • In Kuriot Polling Station Polling Clerks had to leave the tallying centre to go outside to get network in order to send the results. The party agents were not around when the results were being sent to the constituency and national tallying centre. [74]
  • In four of the five polling stations covered by the Nyeri IFA team results were not pinned on the door. In Endarasha the results were recorded but on a Form 34A meant to be used in training IEBC officials. [75]
  • In five polling stations in Nyeri County no agents or observers witnessed the sending of results after vote counting. [76]
  • In five polling stations in Kieni Constituency, Nyeri County no party agent was allowed to view the results transmission by the Presiding officer.[77]

4. Election Illegalities

Fraud and cases of violence were experienced in some locations during and after poling day.

Screen-Shot-2017-10-24-at-144311

Illegalities in the August General Election.

  • At Nyamasaria Primary School Polling Station in Kisumu, the Constituency Returning Officer held a meeting with security officers and party agents after reports of alleged results manipulation. The County Elections Manager had to intervene to calm rising tensions.[78]
  • In Dagoretti North, Nairobi County, a man claiming to be an IEBC Presiding Officer was found with four Presiding officer stamps, a rejected ballot stamp, declaration forms for various positions and books of tally forms. He also had a book of ballot papers both original and photocopies.  He was saved from the irate crowd by a police officer.[79] 
  • In Kieni Constituency Tallying Centre Nyeri County some of the ballot boxes were secured by sisal ropes rather than official seals. Others had no seals.[80]

Violence around polling stations

  • At Ziwa la Ngombe Polling Station in Mombasa, police used teargas to disperse the crowd because people were forcing their way inside the polling station.[81]
  • InformAction vehicle was stoned in Isiolo during clashes between voters and police.[82]

5. Protests and State Violence

Police brutality against protesters in Kisumu City, Nyanza, Western Kenya and Nairobi has resulted in at least 37 deaths. Fear of officially reporting injuries and police killings may put deaths from the post-election period in excess of 50.[83]  

The IFA Kisumu team noted that the protests and police violence started in Kondele, Nyamasaria, Obunga, Nyalenda, Mamboleo in Kisumu County as results were being streamed by IEBC on the election portal, leading to injuries and deaths.[84]  Witnesses to the deaths say that the actions of the police appear premeditated and that victims are targeted. In some cases, bystanders and victims knew the names of the police officers accused of carrying out the shootings.  Property and market stalls were destroyed and burnt during the protests, notably in Kondele and other areas of Kisumu City.

IFA interviewed victims and affected families in Nyanza, and was told most victims of violence had not reported the cases to the police for fear of repercussions.

Screen-Shot-2017-10-24-at-144652

Police shoot a teenage boy at close range in Kisumu.

In Nairobi County, IFA observers witnessed police violence during protests in Mathare and Kibra on August 12. IFA observers noted that the security forces were dressed as police but used military tactics, military-style group punishments, and used ammunition consistent with weapons used exclusively by the army. The team attempted to observe a visit to the City Morgue by a police van, but was not allowed access. [85]

Screen-Shot-2017-10-24-at-144924

Protests and police violence after results are eventually announced in the August General Election.

On 19th October police shot a tear gas canister at close range at activist Boniface Mwangi, injuring his chest, when he held a peaceful demonstration in Nairobi against the police killings.[86]

In Nyanza and Western Kenya, all the victims are from the Luo Community, the primary ethnic base of the opposition. This gave rise to a a#LuoLivesMatter, which subsequently came under attack in a government statement on October 21: “The slogan “Luo Lives Matter” is intended to spread fear among innocent members of the Luo community and rally them behind the plotters.  This plan also includes a vicious social media campaign to polarize Kenya by spreading false information that members of NASA leaning communities are targeted for violence in central Kenya”.   

 

 

NO

NAME

 

Age

 

RESIDENCE

TYPE OF INJURY

TREATMEN/STATUS OF THE VICTIM

  1.  

Vincent Ochieng’ Ojwalla

22

Ojola-Kisumu West

Gunshot

Dead

  1.  

Zacheous Okoth Ouma

29

Siaya town

Gunshot

Dead

  1.  

Patrick Ochieng’ Ogolla

20

Ligingo, Ugenya Const.

Blunt trauma

Dead (OB: 17/17/08/2017)

  1.  

Joseph Oduor Ogut

33

Ligingo

Blunt trauma

Sought non-conventional treatment. No OB record

  1.  

Michael Ouma Omondi

26

Ligingo

Blunt trauma

Sought non-conventional treatment. Police declined to record his statement.

  1.  

Edgar Otieno

16

Ligingo

Blunt trauma

Undergoing treatment in Bumala.

  1.  

Kennedy Juma Otieno

25

Ugunja

Blunt trauma

Dead (OB: 18/22/08/2017)

  1.  

Un-identified male

 

Found in L. Victoria

Hole at the chest

Dead. Body at JOORTH

  1.  

Albert Onyango Tura

30

Rangwe

Gunshot

Dead (OB:6/12/8/2017)

Table of victims and injuries investigated by InformAction Kisumu team

Conclusion

While the voting process was better than in the 2013 General Election, observations from the field demonstrate serious flaws, particularly relating to the Register and voter identification.  The absence of a credible and verifiable Register has undermined all Kenyan elections to date, and contributes to voter resentment and apathy.

An urgent concern is the disenfranchisement of voters. The election saw an unprecedented number of unexplained voter transfers, revealed before and during the poll.  There were also a significant number of voters who successfully registered in the pre-election period but were unable to vote because their details were not evident on the day. Procedures to deal with this issue were applied randomly and unevenly.

The matter of voter transfers needs to be urgently and comprehensively addressed. There is need for clear timelines for when, where and who can transfer their vote, and a clear process established for contacting the concerned voter. Under no circumstances should transfers be initiated by IEBC staff without the voters’ knowledge and consent. The Commission should confirm information that a vote has been moved - by text for example - whenever it occurs. The transfer process must be transparent and simple to follow.

InformAction recommends IEBC is diligent in issuing statistics on the number of assisted voters per region, as well as the number of voters who could not be found in the system, but had registered to vote. Similarly, information about the failure rate of the KIEMS machines in identifying voters through fingerprints should be in the public domain.

Transparency in all aspects of process at the polling station is necessary for a credible election; and, through the presence of observers, for it to be seen as such by the public. IEBC officials undermine the election and public confidence when accredited observers and media are prevented from viewing the voting, tallying and results transmission.

About InformAction 

InformAction is a dynamic social justice organisation that uses film and community discussions to encourage ordinary people to speak out and take action. We operate through mobile field teams – using a car, screen, projector and camera - to show social justice films to thousands of people in the counties every week. Experienced activists lead community discussions on justice and governance, and field videographers record the discussions and local human rights abuses.  

In an environment that has become increasingly hostile to civil society and freedom of expression, we use our unique methodology to provide alternative sources of information and leadership. We embrace diversity and equality, and reject all forms of economic, social and political discrimination.  

Our Vision: An informed and empowered society that speaks truth to power and demands accountability and social justice.

Our Mission: To inform and empower communities in Kenya in order to catalyse public debate and action for a just and accountable society. 

InformAction is part of the Kura Yangu, Sauti Yangu (KYSY) citizen movement. KYSY is spearheaded by a number of like-minded civil society organizations that have come together to proactively support Kenya’s preparations for the 2017 elections, with a view to ensuring that the country minimizes the risks related to dysfunctional electoral systems and practices. KYSY is also committed to promoting political dialogue across the country with the aim of encouraging political consensus and increasing public confidence, making the process and results more credible and legitimate. 

Contact:

Waga Odongo, Press and Communications +254 752 702 320

Winnie Masai, Programmes Coordinator +254 736 512165

ElectionWatch updates are designed to inform Kenyans about the state of electoral readiness in the lead-up to the 2017 general election, and prompt public debate and conversation about the credibility of the electoral process. Contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

[1] Local and international observers http://www.independent.co.uk/news/world/africa/kenya-election-2017-latest-results-fair-observers-uhuru-kenyatta-raila-odinga-a7886651.html

[2] https://www.iebc.or.ke/

[3] http://www.knchr.org/Portals/0/Reports/Kriegler_Report.pdf?ver=2013-02-12-095936-503

[4] https://www.csmonitor.com/World/Africa/2017/0810/International-observers-say-Kenyan-election-was-fair-and-free-from-hackers

[5] http://edition.cnn.com/videos/tv/2017/08/10/amanpour-interview-john-kerry-kenya-full-interview.cnn

[7] http://www.amnestykenya.org/media-centre/news-realeases/kill-criminals-security-forces-violations-kenyas-august-2017-elections.html

[8] https://www.theguardian.com/world/2017/aug/13/kenya-opposition-leader-vows-to-remove-kenyatta-government

[9] http://www.informaction.tv/index.php/news-from-the-field/item/623-raid-on-africog

[10] http://www.bbc.com/news/world-africa-40807425

[11] http://www.informaction.tv/index.php/news-from-the-field/item/627-how-the-iebc-results-system-was-meant-to-work

[12]http://www.independent.co.uk/news/world/africa/kenya-election-2017-latest-results-fair-observers-uhuru-kenyatta-raila-odinga-a7886651.html

[13] See InformAction ElectionWatch reports from 2016 on www.informaction.tv

[14] http://www.informaction.tv/index.php/news-from-the-field/item/638-election-news-election-petition-ict-experts-report-what-you-need-to-know

[15] http://www.informaction.tv/index.php/news-from-the-field/item/583-election-watch-report-3

[16]              IFA Observers’ Note Roysambu Constituency, Nairobi County.

[17]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County.

[18]                              IFA Observers’ Note Kieni Constituency, Nyeri County.

[19]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County.

[20]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County

[21]                              IFA Observers’ Note Nyaribari Chache Constituency, Kisii County

[22]                              IFA Observers Note, Kisumu Central Constituency, Kisumu County

[23]                              IFA Observers’ Note Embakasi South Constituency, Nairobi County

[24]                              IFA Observers’ Note Starehe Constituency, Nairobi County

[25]                              IFA Observers’ Note Embakasi South Constituency, Nairobi County

[26]                              IFA Observers’ Note Westlands Constituency, Nairobi County

[27]                              IFA Observers’ Note Kanduyi Constituency, Bungoma County

[28]                              IFA Observers’ Note Sotik Constituency, Bomet County

[29]                              IFA Observers’ Note Kieni Constituency, Nyeri County

[30]                              IFA Observers’ Note Kieni, Nyeri County

[31]  http://www.businessdailyafrica.com/economy/Britain-Dfid-defends-spend-Sh3-87-bn-  Kenyan-election/3946234-4048276-15p6ec9z/index.html

[32]  www.knchr.org/Portals/0/Reports/Kriegler_Report.pdf?ver=2013-02-12-095936-503

[33] http://www.judiciary.go.ke/portal/assets/filemanager_uploads/Court%20of%20Appeal%20Decisions/THE%20FINAL%20JUDGMENT%20105%20OF%202017.pdf

[35]                              This was the case in polling stations in Isiolo County, Nairobi County, and Kisii County.

[36]                              IFA Observers’ Note, Isiolo North Constituency, Isiolo County

[37]                              IFA Observers’ Note, Kanduyi Constituency in Bungoma County

[38]                              IFA Observers’ Note, Isiolo North Constituency Isiolo County

[39]                              IFA Observers’ note Isiolo North Constituency, Isiolo County

[40]                              IFA Observers’ note Kieni Constituency, Nyeri County

[41]               IFA Observers’ note Sotik Constituency, Bomet County

[42]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County

 

[43]                              IFA Observers’ Note Nyali Constituency, Mombasa County

[44]                              IFA Observers’ Note Embakasi East Constituency, Nairobi County

[45]                              IFA Observers’ Note Westlands Constituency, Nairobi County

[46]                              IFA Observers’ Note Kisii Central Constituency, Kisii County

[47]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County

[48]                                IFA Observers’ Note Samburu North Constituency, Samburu County

[49]                                IFA Observers’ Note Starehe Constituency, Nairobi County

[50]                                IFA Observers’ Note Embakasi East Constituency, Nairobi County

[51]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County

[52]                              IFA Observers’ Note Sotik Constituency, Bomet County

[53]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County

[54]                              IFA Observers’ Note Mvita Constituency, Mombasa County

[55]                              IFA Observers’ Note Kieni Constituency, Nyeri County

[56]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County

[57]                              IFA Observers’ Note Isiolo North Constituency, Isiolo County

[58]                              IFA Observers’ Note Sotik Constituency, Bomet County

[59]                              IFA Observers’ Note Sotik Constituency, Bomet County

[60]                              IFA Observers’ Note Dagoretti North Constituency, Nairobi County

[61]                              IFA Observers’ Note Samburu North Constituency, Samburu County

[62]                              IFA Observers’ Note Samburu North Constituency, Samburu County

[63]                              IFA Observers’ Note Kisumu Central Constituency, Kisumu County

[64]                              IFA Observers’ Note Dagoretti North Constituency, Nairobi County

[65]                              IFA Observers’ Note Samburu North Constituency, Samburu County

[66]                              IFA Observers’ Note Kanduyi Constituency, Bungoma County

[67]                              IFA Observers’ Note, Kieni Constituency, Nyeri County

[68]                              IFA Observers’ Note, Kieni Constituency, Nyeri County

[69]                              IFA Observers’ Note, Kisauni Constituency, Mombasa County

[70]                              IFA Observers’ Note Muhoroni Constituency, Kisumu County

[71]                              IFA Observers’ Note Kisumu East Constituency, Kisumu County

[72]                              IFA Observers’ Note Muhoroni Constituency, Kisumu County

[73]                              IFA Observers’ Note Kisumu County

[74]                              IFA Observers’ Note Sotik Constituency, Bomet County

[75]                              IFA Observers’ Note Nyeri County

[76]                              IFA Observers’ Note Nyeri County

[77]                              IFA Observers’ Note Nyeri County

[78]                              IFA Observers’ Note Kisumu Town east Constituency, Kisumu County

[79]                              IFA Observers’ Note Dagoretti North Constituency, Nairobi County

[80]                              IFA Observers’ Note Kieni Constituency, Nyeri County

[81] IFA Observers’ Note Nyali Constituency, Mombasa County

[82] IFA Observers’ Note Isiolo North Constituency, Isiolo County

[83] https://www.hrw.org/news/2017/10/15/kenya-police-killed-beat-post-election-protesters

[84] IFA Observers’ Note Kisumu County

[85] IFA Observers’ Note Nairobi County

 

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1 comment

  • Jack
    Jack Wednesday, 25 October 2017 06:55 Comment Link

    Great work InformAction!

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