IEBC was not in charge of by-elections, observers say

The just concluded by-elections was a flawed process, one which observers report did not reflect authority of the Independent Electoral and Boundaries Commission (IEBC). 

The report by Elections Observation Group (Elog) on Wednesday 3, documented a series of incidents that it said undermined the integrity of the process across the affected electoral units. 

According to Elog, the by-elections was marred with violence as was witnessed in various elective areas including Kasipul, Malava, Mbeere North constituencies and Kariobangi North Ward. 

"IEBC did not stand firm in addressing intimidations by politicians at the polling stations. They are the head of the polling stations. They should be in charge to chase away anybody causing interference," Mulle Musau, Elog head of Secretariat, said during the release of the report 

He added: "It was observed that opposing political camps often clashed as was seen in Kasipul and Malava constituencies. ELOG observers were harassed in Karibangi North where a rowdy crowd barricaded the vehicle demanding cash." 

The import of these violations, he said, created voter apathy and vote suppression. 

The survey that covered the 22 electoral areas where by-elections were conducted, discovered that nearly half of Kenya’s polling stations turned away some voters in the just-concluded by-elections, 

It emerged that 42 per cent of polling stations rejected citizens who showed up to cast their votes for various reasons.  

Elog revealed that 54 per cent of those turned away involved voters presenting themselves at the wrong polling station.  

Convened by the Centre for Enhancing Democracy and Good Governance (CEDGG)), the partners included Technical Working Group on Elections (TWG) - (Kenya Correspondence Association (KCA), Mzalendo Trust and Baringo County CSO Forum (BASCOF).   

Some 24 per cent, the organisations' team of 100 trained roving observers reported, had their names missing in the voter register, while another 21.6 per cent lacked identification documents.  

"These challenges reflect shortcoming in voters education and verification gaps," said Elog chair Victor Nyongesa,  

Similarly, the observers reported violence in various elective areas including at Kariobangi North Primary School, Kariobangi North Ward, where groups of youths engaged in clashes arising from political differences.  

"Although the voting process itself was not directly disrupted, the unrest was reportedly linked to alleged monetary inducements and disputes over unequal distribution," said Mr. Musau.  

Another incident of valence, the report showed, saw angry voters chase Cabinet Secretary for Labour Alfred Mutua from an unnamed polling station in Mumbuni Ward.  

At the same time, it documented that Maendeleo Chap Chap and United Democratic Alliance party supporters were reportedly seen attacking a wiper supporter at Mungala polling station in Mumbuni north ward. 

According to numerus reports, the observations by Elog are a snippet of the scale of violence witnessed across the elective areas in the by-elections.  

From the start, the process involved chaos, characterised by clashes between rival parties, resulting in bloodshed and widespread destruction of property which some quarters described as one of the deadliest in the country's contemporary times.  

"Today has to be one of the bloodliest election in recent history," Nairobi Senator Edwin Sifuna wrote of X on Thursday, adding that the incidents "point either to incompetence in the security command or their outright involvement in planning and executing it."   

Save for Ugunja, which witnessed relative peace, Kasipul, Mbeere North, Malava constituencies and a host of Wards experienced unrest that left several people nursing injuries and properties including vehicles belonging to politicians destroyed and torched.  

Siaya Governor said:"We can't be first world if, years after Constitution 2010, we can't hold peaceful and fair elections. The militarisation and 'goonification' of elections is an evil worse than 'mlolongo'."  

However, the Head of State, President William Ruto's silence on the violence is deafening. Instead, he has publicly celebrated the victories of the broad-based team in the mini-polls.  

Yesterday, the Independent Electoral and Boundaries Commission (IEBC), expressed concerns over the incidents of violence, intimidation, and disruption reported in parts of the country during the Thursday’s by-elections. 

"Reports suggesting the involvement of political actors and public figures in actions that heighten tensions are especially concerning. Such behaviour is unlawful, irresponsible, and unacceptable in a democratic society," the commission's chair, Erastus Ethekon, said in a statement.  

Unauthorised persons, Elog said, were also observed in 9.2 per cent of polling stations, particularly in Machakos' Mumbuini ward and Nairobi's Kariobangi North ward, with 2.6 per cent of observers experiencing access restrictions. 

"Individuals without IEBC accreditation were observed operating as de facto agents and, in some cases, assisting voters. These situations undermined the integrity and control of the polling environment," said Nyongesa.  

While acknowledging that oath of secrecy achieved at 74 per cent in cases of assistance of voters, the report indicated that some voters who required assistance in the voting process, were denied their right to secret ballot.  

The irregularities, ELOG documented, had incidents where voters photographed marked ballot papers inside polling stations. 

"Observers could not verify compliance in 21.9 per cent, pointing to concerns over the protection of vote secrecy for vulnerable voters," read the report in part.  

Equally, the survey documented that 1.6 per cent of polling stations experienced challenges with KIEMS kits and the electronic voters' registers.  

Operational problems or disruptions were reported in 11 per cent of polling stations, according to Elog, even as 97.8 percent were still assessed as having conducted voting in an orderly and transparent manner overall. 

By close of polling, the majority of polling stations had recorded below 50 per cent turn-out, with about 17 per cent lacking clear signage, creating access challenges particularly for first-time voters, older people and persons with disabilities. 

"While these weaknesses did not fundamentally undermine the overall credibility of the by-elections, they reveal systemic vulnerabilities that must be urgently addressed ahead of the 2027 general election,"  

Elog now calls on IEBC to provide timely information on the progress of the electoral process during the election date, enforcing strict compliance with assisted voting procedures and parties to adhere to the electoral code of conduct. 

"The Commission should also intensify targeted voter education on polling station identification, required documentation, and voting procedures in order to significantly reduce the high number of voters turned away due to avoidable information gaps," said Mullo Musau, Head of Elog Secretariat.  

To the National Police Service, Elog recommended that it expediently investigate the very blatant cases of electoral violence and breaches.