Columnists

A web of State agencies to deliver free polls

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Elections have to continue being a process by which we choose those who lead us, give them a mandate to lead the country in its development trajectory. file photo | nmg

In September last year, when Parliament made a raft of changes to the legal framework governing elections, a lot of focus was on the Elections Act. Main discussions focused on the resignation of commissioners and election technology.

Watching the events of the party primaries this last week, despite our assessment that parties have made progress in the manner they organise and conduct nominations, there were many reported instances of violence across the board.

The Constitution provides that free and fair elections requires that competition among candidates takes place in a level playing field devoid of violence and other irregularities.

The Election Offences Act was enacted so as to address events that are criminal in nature and whose effect is to compromise the electoral process. The offences cover among other processes registration of voters, campaigns, voting, offences relating to the register and technology related offences.

To ensure that the law succeeds in its intention, several actors have to perform their functions effectively. The Director of Public Prosecutions has the constitutional responsibility to prosecute anybody who is accused of committing election offences.

To sustain a conviction, many other agencies must also undertake their role. First is the investigations. This is a task that belongs to the National Police Service. In the run up to the last elections, it was a task for the electoral agency IEBC to investigate and prosecute election offences.

Changes to the law have refocused these away from the IEBC.

The IEBC still has a role to play in prosecution of election offences. They are key actors in ensuing that no crimes negatively impact on the quality of an election.

In addition, most of the offences defined in law relate to activities that the IEBC superintends. Their role in detection, investigation and provision of evidence to prosecute and punish those guilty of committing such electoral offences is paramount.

The Judiciary have the final responsibility of determining whether one accused of committing an election offence is guilty or not.

The law provides that these offences are to be tried on a day to day basis so as to guarantee expedition. In addition, the Chief Justice is required to gazette special magistrates to hear and determine such cases.

This past week I attended preparations for training for police officers who will provide election security during the upcoming elections.

The meeting involved several key agencies. In the process, we discussed mandates of key responsibilities and required collaboration.

It emerged that the 2017 elections are going to test the preparedness and delivery of these agencies. However, what was impressive is the dedication of the many officers from these institutions.

It is important to note though that credible elections are more than just prosecution of election offences.

It is about commitment to the rules of elections, one that believes in certainty of the rules but uncertainty of outcomes till the last vote is counted.

To deliver on this, only registered voters should vote, the register has to be credible, political parties must be democratic, party nominations must not be based on friendship with party leadership but with voters and election management body must proceed on the basis of professionalism and neutrality.

As candidates start campaigns, it is important that the Election Offences Act becomes a deterrent law, a reminder that the country desires competition based on ideas, one that guarantees the country continued unity and prosperity.

Elections have to continue being a process by which we choose those who lead us, give them a mandate to lead the country in its development trajectory.

It cannot be about divisive rhetoric or exclusion. This is the contribution that State agencies involved in implementing the Election Offences Act have to keep in mind and contribute to.