Pre-election Statement ahead of the 8 August General Election

Based on more than one year of election-related observation and analysis, the Kura Yangu
Sauti Yangu (KYSY) coalition presents this pre-election statement to highlight key issues
and concerns.

Overall, KYSY notes a pre-election period that has been marked by a lack of respect for constitutional standards of integrity, public participation, public expression and voter
sovereignty. Many of these problems were evident in 2013, and there is a disappointing
lack of progress in addressing them:-

Election Day Issues
1. Freedom of Movement: The Constitution guarantees every person freedom of
movement and peaceful assembly. While it is reasonable that non-accredited persons
cannot remain inside the polling station after voting, it is unacceptable to bar voters
from congregating outside to witness the announcement of polling station results and
to scrutinize the written record of results, which must be posted at the polling stations.

2. Security and Violence: The recent killing of the IEBC’s Acting Director of ICT, Chris
Msando, has cast a grave pall over election preparations. This happened against a
general context of increased violence around the country including between security
forces and citizens. Additionally, the Lamu curfew, and security operations in the North
Rift could depress voter turnout.

3. The Register of Voters: Evidence suggests that multiple registers are in use:

  • Regulations state that voters may be identified in the copy register and not in the
    biometric list, although both should be identical.
  • The biometric list given to KPMG for the audit inexplicably contained 1,162 more
    records than the biographic list.
  • The number of registered voters recorded in the IEBC’s list of presidential ballot
    papers per polling centre is 2,423 voters larger than the certified list.

The IEBC’s decision that clerks will not be permitted to open the copy register once
they have voted leaves no recourse for those who are not in the biometric list, nor for
the situation in which the voter identification technology malfunctions or fails.

A lack of clarity surrounds the use of the so-called “green book,” which was used in
the 2016-2017 mass voter registration processes, and the IEBC has failed to address
public concerns about it.

KPMG’s audit of the Register of Voters revealed a wide range of problems with data in
the Register, and it remains unclear how the IEBC will address these issues on Election