Today's Headlines
- Two Exhibitions Are On At Ramoma, Nairobi
- Country to Review Tourism Law
- Econet Wireless Finally Rolls Out
- Odinga Warns of Civil Unrest
- Mulee Rules Out Harambee Stars U-Turn
- Taking Up a Women's Agenda
- More Than 6,000 Christian Youth Converge for Prayers
- Catholic Church Outraged By MPs' Refusal to Pay Tax
- Pope Benedict Praying for Release of Abducted Nuns
- Thousands Flee Amid Fears of Border Clashes
- Malaria Rates Plummet Among Children
- Winning Against HIV Stigma Behind Bars
- First Congress of Federation of African Journalists a Historic Milestone, Says IFJ
- Archbishop Lele Urges State to Act as Food Crisis Bites
- Regional Workshop Focus Border Management, Irregular Migration
- Silverbird Acquires Kenya's Nu Metro, Starts Operations in Ghana
- Raila is Evil, Says Minister
- Man Charged With Abduction of Two Catholic Sisters
- UN Censures State On Torture
- Agencies Seek $390 Million to Offset Climate And Food Risks
- UN-Backed Scheme Gives 3,000 Prisoners Clean Water and Sanitation
- Samosa Festival is On in Nairobi
- Heartstrings in Another Comedy
- Govts, Investors Engage RVR in Rail Bid
- Mwangi Replaces Mwebesa At NSE
- Riepa Hosts Business Association
- ICTR Petitions UN for Arrest of Kabuga
- UBA to Invest SH360 Billion in Kenya
- Free Movement of People Too, Not Just Goods and Capital
- Judges Running Out of Money?
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.


