Mandated to analyse the integrity of the outcome of the 2007 General Election, legal framework for the conduct of elections in Kenya, the structure, composition and management system of the Electoral Commission of Kenya and its organisation and conduct of the 2007 electoral operations, the IREC came to some conclusions confirming that the 2007 general election was irretrievably flawed.
The IREC main findings are:
– Kenya’s constitutional and legal framework relating to elections contains a number of weaknesses and inconsistencies that weaken its effectiveness
– During the preparation and conduct of the 2007 elections the ECK lacked the necessary independence, capacity and functionality
– The conduct of the electoral process was hampered and the electoral environment was polluted by the conduct of many public participants, especially political parties and the media.
– There were serious defects in the voter register which impaired the integrity of the 2007 elections even before polling started:
• it excluded nearly one-third of eligible voters, with a bias against women and young people
• it included the names of some 1.2 million dead people
– Serious anomalies in the delimitation of constituencies impaired the legitimacy of the electoral process even before polling started
– There was generalised abuse of polling, characterised by widespread bribery, vote buying, intimidation and ballot-stuffing
– This was followed by grossly defective data collation, transmission and tallying
FIDH and KHRC call on the Kenyan government to recognise the gross irregularities and violations of various human rights that took place during and after the December 2007 elections and to follow up the recommandations given by the IREC, by notably :
Revising the constitutional and legal framework relating to elections
Revising the electoral management process
Creating immediately a new independent and effective electoral management body to replace the present Electoral Commission of Kenya
FIDH and KHRC call on the Kenyan government to ratify the African Charter on Democracy, Elections and Governance.
FIDH and KHRC call on the government to establish the Truth and Justice Commission to seek and promote justice, national unity, reconciliation and peace, among the people of Kenya by inquiring into the human rights violations in Kenya.
Finally, FIDH and KHRC urge the government of Kenya to immediately enact the legal and constitutional framework for the making of a new democratic Constitution by and for the People of Kenya.