Toward credible and legitimate elections in Kenya : part II

Issues covered include: the domestic political environment and political culture; the work of the Electoral Commission (EC); new legislation; the effects of delimiting constituency boundaries; the status of voter registration; election administration (e.g., polling stations, vote counting); the role of NGOs and political parties; constitutional reform; and donor assistance. The present the assessment confirms the conclusion of the 1996 report that the Government of Kenya (GOK) and the EC will primarily determine whether or not there is a "level playing field" for the elections and whether the candidates and supporters of all parties will accept the results. By this standard, the EC is commended for its steps to revise and consolidate existing legislation governing election administration; its performance in administering recent by-elections; and its ongoing dialogue with organizations involved in civic education and election monitoring. Indeed, the opportunity for a productive partnership between the EC and these organizations exists for the first time and should not be lost. The EC"s intention to increase the number of registration stations and polling stations will make the electoral process more accessible to many voters. The openness of the EC Chairman to establishing an interparty consultative forum to increase the level of transparency of election administration is also acknowledged. At the same time, the EC"s efforts to establish a computerized system of voter registration have not been transparent enough to reduce the high level of popular suspicion regarding the registration process. Also, the decision to continue counting ballots at a single location is unlikely to increase public confidence in the process. Of greatest concern, however, for both the IFES team and democracy minded donors, is the continued posture on the part of the GOK to harass opposition leaders, and to restrict civil society from exercising its basic rights. In short, Kenya"s transition to democracy appears to be stalled. If the process of democratization is to advance in Kenya, it is particularly important that the GOK be more forthcoming as the elections approach.