2017: Claims of Elections Rigging Should Be Thoroughly Investigated

Claims are claims. Accusations are just accusations. Vendetta remains that. But all these if repeated several times, however the lack of truth in them, can easily be interpreted as truth. Just like the old adage that a lie repeated time and time again would appear like truth. Or, more or less it would mutate to a truth. 

Claims have been made about planned rigging of the next polls by the opposition and rejected in the same breath by government diehards.

Anyone who was around one or two years before the bloody 2007/8 post-election violence would remember that claims of rigging were rampantly made and rebuffed in equal measure.

Most of us remember what happened on ’07 Election Day and the bloodletting that followed. And the pleading, international beseeching to let go of the brewing anger and the wielding of pangas. And the ensuing graves.

I would want to think that none of us would want to go through the heart-wrenching experience once again.

So comes the plea that the claims should be exhaustively investigated so as to make the next polls fool proof otherwise we might be setting ourselves up for another unfamiliar ground after the next polls. 

Ahead of the 2007 polls, the political environment was super-charged. One claim was being made after another. And the government of the day seemed not to have done enough to dissuade the whole country of the rigging fears because they remained sustained until the polls’ day. 

Those fears seemed to have been stoked by an underperforming, inefficient electoral body that really did little, or nothing, to build the trust in the polling structure.

The present body, IEBC, has begun rebuilding after almost sinking in the last polls following an uncertain performance in 2013.  

It would be unfortunate, rather unforgivable, if the body does not work on the ebbing trust a section of Kenyans have on it at the moment. Failing to do so now, would almost certainly mean this section would reject whatever outcome in the polls next year, rigged or not. 

It was the same script ahead of 2007 polls. Government diehards vehemently rejected rigging claims and accused those making them of being jittery and suspecting defeat in advance.

The same is happening now. 

The government should investigate the claims instead of dismissing them. In fact, there should be a public inquiry to find out if there is any truth in these.

Without that, the claims will be repeated, repeated and repeated and before you know it everyone would believe the government would rig the next presidential election.

JUBILEE GOVERNMENT BEHAVING AS IF IT’S LACKING IN LEGITIMACY

It is now in public domain that the Jubilee government has lodged some 'war' against the media, the civil society and the judiciary.

It is not in public domain yet but the message is that the Executive, through its controlled Parliament, could be warming up for some dictatorial venture.

The media give the people that channel to voice their dissatisfaction. When that channel is narrowed or made slippery, then the people’s displeasure or any kind of oppression meted on them would not be expressly known. You kill the media through threats of imprisonment and a hanging noose emblazoned with astronomical fines.

The judiciary is where the big, the small, the tiny and miniature seek refuge when faced with oppression. When the judicial environment is made difficult, people would lack a place to seek solace. You kill the judiciary by controlling appointment of judges and magistrates.

The civil society is that watchdog that calls for attention when people’s rights are stepped on. You kill that dog and no one will be ‘barking’ when people are oppressed and constitutional rights taken away. You kill the civil society by controlling their only way of existing: funds.

This government seems to be lacking in leadership. Those in government are behaving as if they are not confident about their legitimacy in power. This government wants to hammer to the wall each and every dissenting voice or those suspected to be critical of their inadequacy or misdemeanours.

Parliament has so far shown that leadership is its biggest challenge. If the two Jubilee-controlled Houses are not fighting over who is superior then one speaker is either acting disrespectfully on the floor and using some unpalatable words on members.

The Executive is showing its fair show of challenges:

Much has been said about the controversial KICA Bill; its contentious sections, lack of consensus in its development and its negative effects on media freedom. Jubilee government has played hide and seek and eventually passed it in the most unprecedented way. The Constitution has rested laws making on Parliament but on this Bill, the President (Executive) was given (albeit unconstitutionally) that mandate to make some sections of this piece of legislation.

When you have a President and a Deputy who contemptuously treat the media and dismissively call newspapers “meat wrappers” then you know things are not right. The next thing you will be hearing is a call for a referendum to be allowed to rule forever. Today it’s the media, judiciary; tomorrow it will be an assault on the supreme law.

This week, the Jubilee-controlled National Assembly lost a Bill on the floor for the first time. The Miscellaneous (amendments) Bill contained several unconstitutional provisions. Both sides took issue with the proposed law accusing the Attorney-General of trying to sneak unlawful provisions through Parliament.

The AG is the government’s legal advisor and if he could receive such a beating for obvious reasons, then those he advises maybe forgiven for not having a strong legal-hand. But the President, a sign of nation’s unity, will not be forgiven for waging war on other arms of the government even if his advisors are not doing their job well.