Tag Archives: election

Government to Control Opinion Polls

Posted on by

MP Jamleck Kamau(Kigumo), on 11th May, 2011, moved a motion before the house urging the government to “develop a framework that includes an Opinion Polls Controls Board for the regulation and conduct of the opinion polls…” MP for Naivasha, John Muthutho seconded the motion saying, “the pollsters were to blame for the political chaos that rocked Kenya in the 2007 elections,” allAfrica.com reported.

Jamleck who is the PNU (Party of National Unity) Vice-Chairman, in his statement made in parliament pointed out that “propaganda and misinformation are potent tools for destabilization of peace and stability especially during the electioneering period…” The Bill which Jamleck, Muthutho and a team of allied lawyers are working on purposes to “put discipline and restore professionalism in the operations of research so far as opinion polls are concerned,” Jamleck said.  The Bill will create an Opinion Polls Control Board that will be under the office of the Vice-President according to the proposed legislation. In response to this developing story, the Managing Director of Synovate Kenya, George Waititu said that in Kenya, research companies work under the Market and Social Research Association that regulates their operations. The proposed legislation will “require research companies to declare to the Board the sponsor of the survey and the organization behind the survey. The Board will require that the research company declare the date of the survey, the population from which the sample respondents were drawn, the number of people contacted to participate, and the margin of error in the obtained data.” allAfrica.com reported.

Laws and Regulations Restricting the Publication of Electoral Opinion Polls introduces that, “one specific area in which restrictions on freedom of expression have been imposed to protect the integrity and fairness of the electoral process is in relation to the publication of pre-election opinion and exit polls. Pre-election polls are public surveys which assess the views of the electorate on various election-related matters while exit polls take place immediately after people have voted and assess the level of support for the various parties and candidates. Media coverage of such information can, at times, be controversial. This is particularly true of polls and projections commissioned or conducted by a source that is not impartial. Furthermore polls may be subject to manipulation at many levels; in the choice of questions, the choice of sample, the time that the questions are asked, and so on. It is often perceived, therefore, that polls and projections may have a distorting effect on the vote, rather than simply reflecting public sentiments.” What the MP’s are proposing is appropriate only that they are not doing it the right way. Many democratic governments have tried it in their respective jurisdictions but failed because this issue is pertinent to and touches on the delicate issue of freedom of speech and expression. Instead, the government should find ways to strengthen relations and build trust with civil institutions (including research institutions) through the various established regulatory bodies, and be a government that works for, and with the people.

References:

Ban Opinion Polls-PNU allAfrica.com 12th May,2011

Ban Opinion Polls Mynucleus.org 12th May,2011

Laws and Regulations Restricting the Publication of Electoral Opinion Polls Google Docs (as of) 12th May,2011

Mixed reactions to PNU plan to ban opinion polls The Star 13th May,2011

 

Prerequisite Reforms in Run-Up to 2012 Elections

Posted on by

On 22nd March 2011, H.E. President Mwai Kibaki addressed a special sitting of parliament to urge the members of the August House to pass at least 10 legislations and other several crucial reforms required to implement the new constitution which will ensure that the 2012 elections are, “conducted within a framework that guarantees the freedom and fair exercise of people’s choices.”httpv://www.youtube.com/watch?v=2eM-ARMrUmk

According to The National Accord and Reconciliation Act, 2008, “a coalition must be a partnership with commitment on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.” The Grand Coalition Government was anticipated to boost the process of constitutional reform-which has been done, now shifting focus to its implementation. In his address, the President said, “the Grand Coalition Government is determined to systematically implement the new constitution.” However, the government is falling behind schedule in implementing the prerequisite reforms, “which must have been passed according to the Fifth Schedule (the fifth schedule lays out the table of implementation) of the constitution, within one year of the promulgation of the constitution,” stated the President. He also highlighted bills relating to judicial reforms and electoral systems, which will be intended to; strengthen accountability, administration of justice, rule of law and ensure checks and balances in governance.”

To be able to conduct a free and fair elections-process is undoubtedly a challenging task, however, it should be noted that, “the sum of parts is greater than the whole.” The August House has a great responsibility of setting up the necessary prerequisite legislations and civil education prior to the 2012 elections. These call for; unity within the Coalition partners, and the prioritization of the process of the implementation of the constitution. Thus any decision to be made and acted upon should follow thorough dialogue and scrutiny such that the end will be seen to justify the means.

References:

Kibaki Urges MPs to Pass Reform Bills 22/03/2011
Kibaki Urges Reforms in Run-Up to Kenyan Elections 23/03/2011

Pres. Kibaki’s Address During a Special Sitting Of Parliament 22/03/2011

 

UNSC Declines Kenya Deferral Bid

Posted on by

The Pursuit by the ICC prosecutor, Luis Moreno Ocampo to prosecute the six suspects of the Kenya-Post-Election violence, following the disputed elections in 2007, has seen much unprecedented development. The decision by the Presidency of the International Criminal Court (ICC), authorizing the prosecutor to open investigations into the situation in Kenya, gave Ocampo the opportunity to present his evidence to the Pre-Trial Chamber II for scrutiny in an effort to enforce the issuance of summonses to the Ocampo Six, to appear before the court. On the contrary, the Kenyan President, Mwai Kibaki, appointed a seven-member  team, led by H.E Vice-President, Kalonzo Musyoka, to lobby the 15 United Nations Security Council (UNSC) members to accept Kenya’s bid for deferral of the International Criminal Court cases involving the Ocampo Six.

Diplomats at the UNSC reprobated the Kenyan bid saying Kenya chose a wrong option to seek the 12-month deferral at the UN, rather than presenting its plea directly to the ICC. This decision by the UNSC has nullified the shuttle diplomacy mission being implemented by Kalonzo Musyoka and the President Mwai Kibaki’s wing of government. The pedestal of the shuttle diplomacy is fixed on the idea that Kenya is now in a position of establishing a credible local-tribunal to try the PEV suspects. The proponents of this diplomatic mission argue that trials at the Hague will threaten Kenya’s national stability. However, Article 16, of the Rome Statute, establishing the ICC allows for deferral of cases for countries, in the event that the proceedings at the court threaten international peace. Thus, Kenya on Friday 18th March failed in its quest to overly convince the UNSC that such a threat exists.

Time is speedily running out for any disengaging maneuver upon prosecution of the Ocampo Six at the Hague, now that they have been issued with summonses to appear before the Judges at the ICC on 7th April, and in addition the UNSC decry on deferral of the cases. Kenya can still pursue the deferral option by setting up credible judicial systems that are capable of handling the cases as stipulated in Article 19 of the Rome Statute.

 

References:

www.nation.co.ke, Why Kenya failed to defer ICC cases at Security Council (22nd March 2011)

www.icc-cpi.int, Situations and Cases (22nd March 2011)

www.kbc.co.ke, UNSC declines Kenyan bid on ICC deferral (22nd March 2011)