IIEC hopeful of fair referendum

Four independent commissions formed after the 2007 post election violence have appealed for a peaceful and fair referendum amid calls for those involved in electoral malpractices to face the death penalty.

Known as the Agenda IV Commissions, the Committee of Experts, Interim Independent Boundaries Commission, Interim Independent Electoral Commission and National Cohesion and Integration Commission say they analysed events prior to and after 2007 elections and have urged Kenyans not to allow a repeat of the violence.

"I hope the referendum will be peaceful, free and fair,” said IIEC chairman Issack Hassan

“The results we will announce will reflect the views of Kenyans. In 2012, we will also have a world class election. We have put in place transparent systems of elections and the voter will have last laugh,” Mr Hassan said during the launch of a book: Tensions and Reversals Democratic Transitions-The Kenya 2007 General Elections at Serena Hotel Monday.

Kenyans will vote to reject or endorse the proposed constitution at a referendum on August 4.

Industry of insults

Referring to hate speech and inflammatory remarks being issued by some politicians during the referendum campaigns, Mr Hassan said “it appears the political class has not learnt the lessons of 2007 election mayhem".

“We cannot afford to repeat what happened in 2008. We should conduct ourselves responsibly. The campaigns have become an industry of insults,” the chairman said, adding that MPs inciting Kenyans will “find whip in hands of voters".

CoE vice-chairperson Atsango Chesoni cited dual citizenship, non-discrimination in marriage, pregnancy, disability, affirmative action and rights to water, food, health and education as some of the things that would benefit women if the proposed constitution is passed.

Constitution expert Yash Pal Ghai said Kenyans should be left to choose the correct constitution on based on information in their hands.

He also suggested that Kenya could borrow from Bangladesh where government vacates office and a caretaker one is formed during three months of elections to avoid misuse of resources by the incumbent.

NCIC Commissioner Alice Nderitu said apart from the referendum her commission is preparing communities on how to handle the International Criminal Court process if their leaders are summoned and the 2012 elections.

“Its a key issue for us,” she said.

Dr Duncan Okello and Dr Karuti Kanyinga, who edited the book said it proposes that electoral offences be seen as capital ones and “people be punished in same way".

“Electoral offences are stealing of public voices and peoples' will. If treason, which is a crime against the State is a capital offence then electoral offences which are against State and its people should receive same punishment,” Dr Kanyinga said.

Failed state

He took issue with ethnicisation of security forces since independence saying the Kibaki Administration has been accused of polarising the Administration Police.

The Deputy Danish ambassador to Kenya Ole Thonke said Kenya was not a failed state as depicted in some quarters but has the ingredients of a failed one.

He cited ethnic tensions and unemployment as some of ingredients of a failed state.

“I hope there will be a level playing field at the referendum, free and fair and peaceful elections,” he said.

Swedish ambassador to Kenya Ann Dismorr said analysing of 2007 post election violence and its aftermath helped Kenya to move towards improved governance including accountability, non-discrimination, transparency and promotion of human rights.

She said her country will continue supporting Kenya to implement Agenda IV reforms and hoped that the results of the referendum will be respected by both sides.