On 8th August 2017, Kenyans exercised their sovereignty by voting for their preferred candidates for various positions. Recent allegations touching on the credibility of the electoral process especially on the tallying transmission and announcement of results have however cast doubts on the elaborate structures put in place by the electoral body to ensure a credible electoral outcome.
There is need for the concerned individuals and institutions to promptly address concerns raised by stakeholders on the possibility of the Kenya Integrated Election Management System (KIEMS) being compromised during the transmission of results.
We request both sides to present the relevant information that would enable an objective assessment and determination of the issues raised. The IEBC should live up to its responsibility of ensuring integrity of the electoral process by addressing and clarifying any concerns raised by all stakeholders in a transparent manner.
Transparency International Kenya (TI-Kenya) is appalled by the incidences of violence following the announcement of the results for the presidential election. TI-Kenya recognizes that Article 37 of the Constitution guarantees every person the freedom to assemble and demonstrate. Citizens should exercise this freedom in a peaceable manner.
The manifestation of unlawful acts by a section of members of the public and security agents has led to the loss of lives and destruction of property. It is incumbent on those who have misgivings on the electoral outcome to act within the law and ensure that their concerns are channelled to the institutions established by law to address these concerns as well as demonstrate responsibility in exercising their right of expression bearing in mind that they have a duty to tell the truth and act in accordance with the law.
Our security agencies have a responsibility to act within the laws of the land including adherence to their professional codes of conduct. They should ensure that their actions in exercising their mandate remain within the dictates of the law. Reports from oversight institutions such as the Kenya National Commission on Human Rights indicate that there have been fatalities resulting from the use of excessive force including firearms. The National Police Service has also reported the loss of lives, injuries and destruction of property in acts of violence. Additionally, TI-Kenya continues to receive a number of reports pointing to deaths and injuries sustained by civilians in the post-election violence in Kisumu and Nairobi where it had deployed election monitors.
To safeguard the integrity of the electoral process and restore security, TI-Kenya demands accountability from various actors as follows:
1. The Independent Electoral and Boundaries Commission (IEBC) to promote the principle of free, fair and credible elections by addressing all concerns raised by stakeholders in a transparent and accountable manner.
2. All political leaders to uphold the rule of law in dealing with disputes that may /have arisen from the electoral process.
3. All politicians to exercise leadership by calling upon their supporters to exercise restraint and uphold the rule of law in responding to the outcome of the elections.
4. The security agencies to discharge their mandate in accordance with the law to avoid human rights violations.
5. The National Police Service to ensure that it holds its officers accountable in cases where excess use of force has been established.
6. The National Police Service Internal Affairs Unit and the Independent Policing Oversight Authority to investigate complaints of alleged human rights violations and take appropriate remedial action.
7. Oversight institutions to continue monitoring, investigating and reporting incidents of human rights violations and take appropriate action based on their mandates to ensure accountability
8. All citizens to exercise their rights and freedoms within the Constitution.
9. All political leaders should work together to heal the rifts that have arisen from the campaigns.
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