Kenya’s present day democratic process in dilemma

Kenya has consolidated its culture on elections through its electoral system, but each election year it seems there is a long way to go in the democratic process.

The electoral system has not radically changed.

For instance, since the new constitutional dispensation, it provides for the delineation of boundaries on the basis of population size, among other factors. Still, the system requires further reforms for it to sufficiently contribute to democratic governance.

Currently, the Independent Electoral and Boundaries Commission (IEBC) is at a crossroads.

Commissioner Roselyn Akombe resigned from her job, eight days before October 26 repeat presidential election.

In a statement, Akombe said the repeat presidential election as currently constituted cannot meet the basic expectations of a free, fair and credible election.

“We need the Commission to be courageous and speak out, that this election as planned cannot meet the basic expectations of a CREDIBLE election. Not when the staff is getting last minute instructions on changes in technology and electronic transmission of results.”

Consequently, IEBC Chairman Wafula Chebukati said under the current conditions, he cannot guarantee the credibility of October 26 repeat presidential election. “I am convinced that without critical changes in the key secretariat staff, we may not have a free, fair, and credible election,” he had said.

In its quest for a solution to this governance dilemma, the IEBC chair tried to hold a dialogue with the two political rivals but no amicable solution was arrived at.

Chebukati said he would preside over the poll.

Read: 10 things IEBC will do differently on the 26th of October 2017 

Two days to the polls, a lot is yet to be completed.

Court cases

Cases relating to October 26 repeat presidential election will be given priority on Wednesday besides it having been declared a public holiday, Chief Justice David Maraga has said.

In a statement Mr Maraga said, “The Presiding Judges of the Constitutional and Judicial Review Division have informed me that they have matters related to the Presidential Elections on 26th October, 2017 which they had scheduled to dispose of on 25th October, 2017,” said the CJ

“The Judges of the two above mentioned Divisions have my authority to sit on 25 Oct. to dispose of those matters,” he added.

Khalef Khalifa, Samuel Mohochi and Gacheke Gachuhi moved to court seeking to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting the repeat presidential election on Thursday, 26th October.

According to the three, the electoral body has inadequately prepared  for the polls and its staff face intimidation which may lead to prejudiced outcome of the election.

They argue that, the withdrawal of NASA presidential candidate Raila Odinga and Deputy Kalonzo Musyoka triggered the vacation of the fresh presidential election by operation of law.

The CJ has directed the petitioners  to file their submissions by Tuesday 6pm.

On the other hand, Justice John Mativo of  the High Court dismissed a case in which activist Okiya Omutata was seeking for the establishment of