Keep Party Interests Off Kivuitu Team Issues

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Keep Party Interests Off Kivuitu Team Issues

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The Nation (Nairobi)

October 1, 2008

Editorial Article

Since the Independent Review Commission headed by retired South African judge Johann Kriegler handed in its report about a fortnight ago, a heated debate has ensued over whether or not the Electoral Commission of Kenya, which bungled last year's presidential elections, should be disbanded.

The Kriegler commission categorically declared that the presidential elections were fatally flawed, hence its conclusion that it was not possible to determine the winner.

It squarely blamed the ECK for the mess and consequently recommended its disbandment with possible resurrection under a new name and structure.

Since then, political leaders have taken to the rostrum either vilifying the ECK under chairman Samuel Kivuitu, and asking it to quit, or supporting it and telling it to stay put.

Either way, the key point is being lost, namely to turn around ECK and deal with the culprits who bungled the elections.

The debate, unfortunately, has taken a partisan party line.

The Orange Democratic Party under Prime Minister Raila Odinga is unequivocal that Kivuitu's team must go.

The Party of National Unity loyalists are asking the team to hold on, citing the commissioners' security of tenure.

To the extent that the polls were botched, there is no disagreement. But as to what is to be done, there is divergence of opinion.

All these smack of political brinkmanship. The danger is that the partisan approach will mask the real issues and undermine efforts to reform the electoral process. That will be disastrous.

Having acknowledged the polls fiasco, our leaders must take the logical step to deal with it. Second, they must focus on the broad governance issues.

Insisting on security of tenure or a presidential tribunal to investigate the commissioners' conduct is perfectly right.

But the harsh truth is that the commission has lost its credibility and asking it to re-engineer itself is a big joke.

Further, the political leaders must look beyond the ECK.

The failure to enact good laws and put in place structures contributed greatly to the election flaws and the subsequent protests and bloodbath.

In this regard, the need for constitutional and policy change cannot be belaboured.

The point is that we need to deal conclusively with the ECK, but soberly and in a non-partisan manner.

Besides, the political leadership must undertake the requisite constitutional, policy and administrative reforms to avert the fire next time, as Mr Kriegler warned.

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