Rights body to seek a repeat of polls in Kilifi

Kenya National Commission on Human Rights commission secretary Patricia Nyaundi (right) addresses a news conference in Nairobi on February 15, 2013. She is flanked by deputy secretary Evelyne Samba. KNCHR says it will use legal channels to compel the Independent Electoral and Boundaries Commission to repeat elections in some parts of Kilifi County April 5, 2013. FILE

The Kenyan National Commission on Human Rights (KNCHR) now says it will use legal channels to compel the Independent Electoral and Boundaries Commission to repeat elections in some parts of Kilifi County.

In a report on elections monitoring released on Friday, KNHCR argues that voters’ rights in Kilifi were violated when the Commission delayed opening poll centres and failed to compensate for the time lost.

“We shall contend that in light of the violence witnessed in the region and the early closure of polling stations and failure to open, the residents of this area did not have a real opportunity to exercise their constitutional right to vote,” the report said in part.

KNHCR charges that six stations in Kilifi North Constituency including Chumani Primary School, Jezazhom, and Roca Maweni did not open at all, while officials at Kayoeni polling centre “left the polling station as early as 11 am; only 125 voters out of the registered 353 had cast their votes. The station did not reopen.”

The human rights organisation adds that IEBC officials from 20 polling stations left their places of work as early as 4pm claiming the environment was no longer safe for voting to continue.

“This indicates that voters were denied their rights to participate in the election. It was hoped that the IEBC would call off elections in the area for a later date.”

At least 15 people including police officers were killed in Kilifi on the morning of Election Day on March 04 by a gang with crude weapons. However, the IEBC declined to repeat the elections arguing affected times were recompensed.

KNHCR said it would demand full explanation from the IEBC on the circumstances that led to the failure of poll books during voting day.

“The IEBC should prepare a detailed and comprehensive account explaining the circumstances that led to the failure of the EVID, electronic transmission of results.”

While the Commission commended candidates for urging the supporters to remain calm, and for eventual concession of the outcome, it said there were “clear breaches” of the law the electoral body must correct.

Mr Raila Odinga who ran on the ODM ticket in Cord alliance garnered 5,340,546 votes or 43.31 per cent of the votes cast against Mr Kenyatta’s 6,173,433 votes (50.07 per cent). But Mr Odinga accused the IEBC of declaring a victory based on an erroneous voter register and manipulation of figures on Forms 36.

The Supreme Court dismissed his petition.