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Widespread insecurity, deaths, kidnappings, harassment and intimidation of election officials are the major challenges the country’s electoral body faced during last year’s polls, a new report shows.

An annual report from the Independent Electoral and Boundaries Commission (IEBC), says there is a need for security to be enhanced by employing a robust surveillance system at the national tallying centre to avoid repeat of the incidences that occurred during the electioneering period.

Reads the report: “The commission encountered key challenges in the courage of implementing its constitutional mandate. They include insecurity, harassment and intimidation of election officials leading to violence, kidnapping and death. Further the incidences of vandalism and destruction of poll materials were witnessed in the 2022 general election.”

 The report also notes that late reviews of various laws, ambiguities in some applicable laws, delays in enactment of various amendments to existing legislation as well as delays in  funding affected timely implementation of the commission’s activities.

 Reads the report: “There is need for review and enactment of elections to ensure they are completed at least one year prior to elections. There is a need for early planning for elections and strict adherence to legal and administrative timelines.

 Further the report also reveals that last minute court rulings affected the commission’s operations.

 According to the report two political parties did not comply with the legal requirements provided by the commissions.

 Reads the report: “Challenges in legal framework include non-adherence to laws guiding campaigns (use of resources, use of party portraits, colours by independent candidates.”

Reported incidents

 With regards to incidents that affected the commission’s activities during the polls, the commission detailed eight incidents which happened during the election day.

 For instance, in Garsen Constituency Tallying Centre, Tana River County, the commission said that there was an attack and injury of seven people. The report notes that investigations are ongoing into the alleged assault on a Goricha Jarso Abarabo and six others by police officers providing security at the Garsen High School Constituency Tallying Centre in Garsen Township on the evening of August 9.

 In Eldas Constituency Tallying center in Wajir County, there was shooting that caused grievous harm and unlawful wounding of Mohamed Ahmed Qanyare and Abdikeyr Mohamed Mohamud on August 11, 2022, by police officers inside the tallying centre.

 In Chemolingot High School, Tiaty Constituency in Baringo county, there was an alleged assault and serious injury to a youth who was among those singing and celebrating the election of an MCA from Kolowa ward at Chemolingot High School Tiaty Constituency Tallying Centre.

Shooting incident

 In Eldoret Town, there was an alleged shooting of Amon Kibet by a suspected police officer on the night of August 8 at around 2100hrs within Town while in Wanyika Primary School poling center Webuye, there was an assault of a special police officer on August 9 while manning Wanyila Primary School Polling Centre in Webuye

 In Mbalambala there was a confrontation between members of the public and police following the announcement of the Balambala MP results

 In Arina Estate Kisumu County, police opened fire at protesters after the announcement of the presidential election results, seriously injuring one Reinhard Omondi Otieno.

 On the other hand, in Chebkwabi Primary School polling station in Kimilili Constituency, a Brian Olunga, who was an aide to MP candidate Brian Khaemba  went to the Chobukwabi polling station at around 6pm to witness the counting of the votes and a confrontation ensued with Didmus Barasa supporters and was shot dead under unclear circumstances

  On the number of election petitions filed, the report reveals that a total of 124 cases were filled in all the elective positions out of which 114 have been dismissed and 10 are still ongoing.

 Of the 124, those filed in the governors position are 12, those against senators are 2, those against woman member of the National Assembly are four but have all been dismissed, those against member of the National Assembly are 28 out of which 26 have been dismissed while those against member of the County Assembly are 78 and those dismissed are 70.

Qualified counsel

 Reads the report: “To protect its interests in court and judicial fora, the commission engaged pre-qualified external counsel and its in-house counsel. Several cases were filed against the commission before and after the general election of 9th August.”

 On the requirement that individuals who were contesting should have adhered to the provisions of chapter six, the report notes that ten individuals who contested for the governor’s positions are under investigations, 12 under prosecution while five senators, one Woman Representative, 12 members of the National Assembly and 24 MCA’s who vied in the last election are under prosecution.