Daniel Otieno and Jackline Moraa
12 July 2008
Nairobi — Tribalism and poor electoral laws are to blame for the chaos that rocked the country after last year's General Election.
The Kriegler Commission, sitting in Kilgoris, heard on Friday that the quest for the top seat had been made to look like an ethnic affair where the failure of a community's candidate meant that they would not be treated as other Kenyans.
A parliamentary loser, Mr Simon ole Masi, said that by balkanising the nation into ethnic blocs, the leadership of the country had failed.
To seek peace
"It is unfortunate that in Kenya, the tragedy of leadership has made every electoral year a period of apprehension, where people are forced to seek peace elsewhere," said Mr Masi.
The top three political contenders Mwai Kibaki, Raila Odinga and Kalonzo Musyoka (currently President, Prime Minister and Vice-President) were also accused of presenting their leadership agenda as if they were those of their tribes.
"The politicians made it appear as if they were seeking the positions together with their tribes. The precedent they set is that no one from a minority tribe can ascend to a position of leadership in the country," said Mr Saphia ole Masibai.
Mr Masi also said that the rules regarding the appointment of the ECK officials and how the results are to be announced needed to be reviewed to prevent what took place during the last elections.
"There was tension right from the time the commissioners were appointed and it hit the roof when there was a delay in the declaration of the presidential results," Mr Masi said.
Getting redress
Mr Masibai said that even though the presidential results announced by the Electoral Commission of Kenya chairman, Mr Samuel Kivuitu, were in doubt, the aggrieved parties did not have a sure way of getting redress as there was no faith in the court system.
A councillor, Mr Daniel Saikai, said that a repeat of what characterised the last polls could only be averted by the total overhaul of electoral laws and setting up of a new structure with regard to the appointment of ECK commissioners.
"Making noise after every five years is not going to help us. Our problem lies in a bad Constitution and an electoral commission that is open to manipulation," the councillor said.
He said that the reshuffle of three presiding officers in the last month to the elections in Kilgoris constituency sent signals that there could have been sinister motives.
Mr Saikai also said that incumbent leaders manipulated the electoral process to entrench themselves in power.
"Some leaders in the country are insecure. They feel that they will not be OK once they are voted out. We must make leaders understand that being out of power is not a matter of death," the councillor said.
Ethnic tensions
It was also the feeling of those who spoke on Friday that the cosmopolitan constituency of Kilgoris be split into two to ease the ethnic tensions that dogged it every election year.
There was a light moment when Mr Johann Kriegler, the commission's chair, challenged one of the witnesses who had testified that there were no irregularities in the constituency.
"Do you want to tell me that there was no vote buying here? Let us not get too holy about Kilgoris," said Mr Kriegler.
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