Kenya’s elections have changed for the better—from the mlolongo (queuing) system to the black ballot box. Due to the imperviousness, the box was susceptible to vote rigging as it could be pre-loaded with marked ballot papers before voting begun. But the introduction of the transparent plastic ballot boxes has partly enhanced transparency, although it did not stop election rigging.
It is said that a wise man learns from others’ mistakes while a fool learns from his own. The latter reflects the general elections of 2013 and 2017, when the Independent Electoral and Boundaries Commission (IEBC) learnt tough lessons as it embraced new electoral laws under the 2010 Constitution.
And 2017 was the most litigated election year. The numerous petitions were filed by then National Super Alliance (Nasa) and some civil society groups that have had soft spot for Raila Odinga.
Then, the famous Maina Kiai case invalidated the election regulations which provided that results announced at the polling station by the returning officer there were provisional. That has been vital in the 2022 elections. The Court of Appeal ruled that the results declared at the polling station were final.
In the past, returning officers carried the provisional results to Nairobi for validation by the chairman of the electoral commission. But between the constituency and Nairobi, manipulation of votes and disappearing of returning officers was rampant. The Maina Kiai case stopped the mischief.
Further, the Supreme Court’s nullification of President Uhuru Kenyatta’s victory in the 2017 election has played a key role. The poll was marred by malpractices and secrecy, especially the operation of the IEBC servers, through which transmission of results were interfered with, compromising the outcome.
Those glitches were partly cured in this year’s election, which was held on August 9, when IEBC upheld that the results at the polling station were final and set up a public portal for transparency. Let’s wait for the decision on Azimio’s petition.
