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Kenya: Can ECK Be Trusted With Managing Polls?
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The Nation (Nairobi)
EDITORIAL
30 April 2008
Posted to the web 30 April 2008
Nairobi
At a time when we are witnessing the symptoms of growing pains in a very delicate coalition government, scheduling a set of by-elections was not very wise.
The Electoral Commission has set June 11 for fresh polls in five parliamentary constituencies and 55 civic wards. Immediately the date was announced, questions were raised over the suitability of the ECK to supervise the polls.
The issues raised are valid. The country is still trying to come out of very trying moments following the disputed presidential elections of last December.
A very dangerous situation was only narrowly averted after President Kibaki and Prime Minister Raila Odinga agreed to a power-sharing deal.
The post-election violence that threatened to send Kenya into the abyss came about because the Electoral Commission was unable to conduct elections seen to be free and fair to the satisfaction of all sides.
Questions have been raised as to whether the commissioners should have remained in office when their management of the elections is under investigation.
In such circumstances, how can the same Commissioners be entrusted with another set of elections? The issue has already led to sniping between the PNU and ODM wings of the government.
That also raises the question of whether by-elections at this time, whoever manages them, will not only serve to bring out fresh, bitter disputes within the two arms of the governing coalition.
Some might rightfully say that the tenure of the Electoral Commissioners must never be interfered with. It is also true that once the elections have been called, the timetable must be adhered to.
But there must be occasion when a narrow legalism should give way to the broader national interest.
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We changed the laws and the Constitution in one day in order to make space for the coalition government. Similar creative measures can be applied in regard to the ECK and the by-election dates.
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