ELECTORAL JUSTICE

CORRUPTION BIGGEST THREAT TO ELECTORAL JUSTICES OR REFORMS IN KENYA

Balkanized politics, money, bribery intertwined with lack of judiciary independence halts the democracy 

Election is a process once quoted from the chief justice Kenya David Maraga each five years in Kenya the Nation goes to the poll to elect their choice leader- with long process of the nomination commence political parties converging making endorsement either who led or represent their candidate in the ballot from the president, women representative, Representative of National Assembly, Ward representative, senator and Governor. During the nomination exercise confusion, allegations of favourism, corruption nepotism and many ill-blamed is witnessed this is where all rogue process begins. politics in Kenya is more patronage if you tend to win the hearts of the voters. Choose to be holy that will be your peril in the political arena. Our politics are more tribal; ethnicitised- for example the political parties are architecture of making tribal oriented formation- today most the political parties are in a way or another associated to certain ethnicity undoubtedly no one gives an iota doubt.

Our last election in a historic ruling and a first in Africa, Kenya’s Supreme Court nullified re-election of a sitting president, ordering a new vote to be held within 60 days after finding that the outcome last year 2017 had been marred with huge irregularities. A result that made every Kenyan to react either jubilated or in unhappy way it was a stunning moment for Kenya, one of Africa’s most populous Nations, and for democracy in general. Kenya’s disputed presidential election in 2007 set off bloodshed that left at least 1,300 people dead and 600,000 displaced around the country. This forced the formation of the Grand-Coalition Government led then president Kibaki and the Prime Minister Raila Odinga the occasion was lengthily mediated by the former Secretary of United Nation Kofi Annan. The signing the Nation Accord which brought political harmony despite the flare up of skirmishes Nationwide. Back outcome of the results in many election polls from the 1992,1997,2007 and 2013 result which also led the CORD movement to sign a petition against the outcome of the result – that has been upheld to favour Uhuru Kenyatta.

This political transformation has started way back with struggle of the liberation of the political parties- the multipartisism 1992 after the former president Moi removed the controversial 2(a) clause that give the emerging many political parties that oust the one party government.

Election dispute in the Nation was one that never had a dispute each electioneering year politicians were little happy on the result many stood that the election was manipulated – corruption as the bedrock of the influence to divert the hope the voters – corruption become biggest tool to counter rid off the beacon of democracy that root in. The voices of the masses were subjected into hopelessness. bribing the electoral official to sway the result become rampant – clear indication for example last general election alone there were over three hundred and eighty-eight (388) cases of petitions that no doubt demonstrate worthy money still compromise the will of the citizens – many case that were thrown out the judges illustrate bribery as one of the material to solicit the electorates. 

With best laws in the continent on dealing election manipulation still the Nation is far behind in realization of free, fair and transparency result of electoral reform unless all the protocols and laws adhered to and to have a reformed electoral body or institution that will be a pipe-dream for which decades the problems arise from election results will continue.

 The Elections Act, 2011, The Election Laws (Amendment) Act, 2016.  Elections Offenses Act, 2016, The Political Parties Act, 2011, The Independent Electoral and Boundaries Commission Act, 2011, The Election Amendment Act 2017 and The Constitution of Kenya, 2010 – this Law if truly implemented election uproar will be a history in our Nation. In 2013, the parliament of Kenya enacted the Election Campaign Finance Act 2013 aimed at regulating the flow of money during campaigns to create a level playing ground for political competitors. This Act was however abused or ignored a few months to the general elections 2017, paving way for ludicrous spending on campaigns. During the same period, the Ethics & Anti-Corruption Commission released a list of 106 politicians and advised the Independent Elections & Boundaries Commission to preclude them from contesting premised on integrity grounds. The IEBC, however, cleared them to contest arguing that the legal system had not found them guilty of any criminal offense in place. This calls into question the sense behind using criminal standards rather than integrity standards to determine integrity verge – This amplifies that corruption is still the bottleneck to the realization of a clear, transparent process of making decision why because why the IEBC allowed to vie this individuals reason there is force behind each judgment made by our institutions. 

For making liberation at the electoral body takes huge sacrifice it’s upon the institution(IEBC) to execute the freedom mandate by the constitution Article 88(I) to conduct its all functions without any favour or political affiliations – Also it’s upon the judiciary system to work in hand with commission in ensuring free, fair and transparent election is held if any disputes emerge our courts must diligently execute its role accordingly to our supreme guidelines – the Constitution.

The political class should always to give support especially the legislature in enhancing transparency in electoral reforms- giving or enacting policies that they think that can improve our electoral body for democracy to cater its roots in our Nation.  

The African Governance Report IV, by the United Nations Economic Commission for Africa, observes that corruption thrives more when there is lack of good governance (transparency and accountability), characterized by weak institutions, ineffective checks, and balances, inadequate regulatory and legal frameworks, and poor enforcement mechanisms. It creates an adverse situation in which both the rule of law and independence of institutions are undermined. In this sense, corruption flares up capture of governance institutions by generating considerable distortions and inefficiencies characterized by impunity; disregard of processes, looting of state resources and misuse of public offices without legal consequences- with this bear in mind we have all it take to settle  a very robust electoral body that forever can be an exemplary to the world – we must fight impunity as whole from the citizen- no bribery in electing leaders, IEBC to be free from political interlink and our courts to heavenly set their decisions on the Law of the land with that together we can process in achieving development, transparency and democracy.

 

“Pick a leader who will make their citizens proud. One who will stir the hearts of the people, so that the sons and daughters of a given nation strive to emulate their leader's greatness. Only then will a nation be truly great, when a leader inspires and produces citizens worthy of becoming future leaders, honorable decision makers and peacemakers. And in these times, a great leader must be extremely brave. Their leadership must be steered only by their conscience, not a bribe.”
    ― Suzy Kassem,

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