• The argument by the top government officials is that repeated touching of the devices will spread the coronavirus. The alternative would be a manual system, which also has contact and social distancing issues.
• Well-placed sources say the matter is to be tabled before the National Security Committee chaired by President Kenyatta for ratification at any time from now.
Image: JACK OWUOR
A battle is impending among the state, electoral agency and political elites over a reported plan to abolish technology promoting transparency, integrity and efficiency in elections.
The idea is to scrap the Kenya Integrated Election Management System in the planned BBI referendum and 2022 general election. A manual system would be used again.
The Star has established two Cabinet secretaries and top government technocrats have met three times in two weeks to discuss Kiems at length.
The argument advanced by the top government officials is that the use of the devices will spread the coronavirus.
Well-placed sources say the technology issue is expected to be tabled before the National Security Committee chaired by President Uhuru Kenyatta for consideration any time from now.
Image: FILE
The state is planning to exploit a loophole in the Election Laws of 2016 giving the Independent Electoral and Boundaries Commission leeway to adopt a “complementary” system to identify voters and transmit results if technology fails.
The Star attempted to get a comment from IEBC chairman Wafula Chebukati and acting chief executive officer Marjan Hussein but they did not respond to several calls and text messages.
Government spokesman Cyrus Oguna also did not respond.
But Jubilee deputy secretary general Joshua Kutuny dismissed the claims, saying as far as he is concerned, the Jubilee government has not discussed the matter.
“Treat it as propaganda,” the Cherang’any MP told the Star.
“Nothing of the sort has been discussed and there’s no need for anybody to panic. President Kenyatta’a government believes independent institutions such as the IEBC will carry out their mandate as per the law.”
Nyeri Town MP Ngunjiri Wambugu said he was not aware of plans to revert to a manual system.
He said before any decision, the IEBC should first benchmark other countries that use the same technology and have held elections during the pandemic period.
The Kiems system was used for the first time in the 2017.
It is meant to enhance transparency through electronic identification of voters as well as the transmission of results.
The devices used to electronically transmit results from the polling stations are comprised of a laptop attached to a fingerprint reader and a handheld device with an in-built fingerprint reader.
The system identifies voters biometrically and its incorporation into the Kenyan election process was intended to curb impersonation by making sure only registered voters cast votes.
The Kiems also has a system enabling presiding officers to simultaneously transmit tallied results to the constituency, county and national final tallying centres.
The devices, which were a bone of contention between Nasa and Jubilee in the run-up to the 2017 general election, do not allow election officials to transmit results if the voter turnout is bigger than the number of registered voters.
It also has the biometric voter registration system used to electronically capture voters’ facial image, fingerprints and polling centre data.
Dr Richard Ayah, a member of the Covid-19 deployment task force and a public health expert from the University of Nairobi, said physical transmission through touching the biometric systems is not the biggest problem. Physical distance is the biggest problem, he said.
A section of leaders has warned that abolishing the technology ‘on the pretext’ of public health concerns and curbing the spread of coronavirus is part of a wider scheme to rig the referendum and the 2022 polls.
Manual systems are far easier to manipulate.
Those who spoke to the Star about the use of technology said it is essential for election integrity and efficiency and to prevent rigging.
The IEBC, they said, should have hand-washing stands as well as sanitiser at all voting centres.
Kapseret MP Oscar Sudi, who said he is aware of the ongoing plans, termed the proposal part of the state’s scheme to “allow ballot stuffing and dead voters to vote in the 2022 election.
“We are aware of the meetings that have been ongoing, for fear of an embarrassing defeat and as part of their wider evil schemes. They want to arm-twist the IEBC to abolish the use of technology,” he told the Star.
“They will not get away with that and they should let the will of the people carry the day in an open and transparent process.”
The Building Bridges Initiative referendum being pushed by the President and his handshake partner Raila Odinga is tentatively set for July.
The general election is slated for August next year.
Homa Bay Town MP Peter Kaluma, who is a member of the Justice and Legal Affairs in the National Assembly, said the IEBC has no option but to adhere to the law.
“Technology has been built into our election system by law to ensure the elections are transparent, accountable and verifiable as obligated by the Constitution. There is no alternative around the matter of Kiems. They have to be used,” he told the Star on the phone.
Mumias East MP Benjamin Washiali said any decision not to use Kiems in any election must be ratified by Parliament.
The ex-majority whip in the National Assembly warned the IEBC not to give in to pressure from the state to bend the law to suit its interests.
“We shall not allow any move we perceive to have sinister motives. The government should instead be rushing against time to vaccinate people and getting solutions to Covid-19. The solution is not is abolishing the law,” he told the Star on the phone.
You cannot suspend the law. Kiems can be managed the way we manage microphones in public meetings. They are shared but they are also sanitised after every userFormer IEBC commissioner Thomas Letangule
Mathira MP Rigathi Gachugua said it is possible for the electoral agency to conduct any election without having to suspend the use of Kiems.
The close confidant of the Deputy President William Ruto denounced government operatives he said were trying to erect roadblocks in the path of a successful transition of power from Uhuru to a legally elected government.
“They have run out of ideas. They have tried all manner of tactics but they have hit a wall. Now they are planning how to manipulate results but they will also fail. Instead of doing all these things, let them get a strong candidate to face our candidate,” he told the Star.
Global health expert Dr Bernard Muia said while it is possible to use Kiems in any election process, “health precautions must be applied”.
In a phone interview with the Star on Tuesday, Muia said high standards of hygiene must be maintained.
“Scientific evidence on using biometrics in any endeavour is premised on health science. There is a danger and the IEBC should make sure the person placing his or her hands or touching the gadgets must sanitise,” he said.
“The coronavirus is picked from touching contaminated surfaces and therefore there is a high likelihood of collecting the virus from such gadgets. There is research that shows that a human being touches the face, nose or the eyes after every few minutes.”
Dr Richard Ayah, a member of the Covid-19 deployment task force and a public health expert from the University of Nairobi, said physical transmission through touching the biometric systems is not the biggest problem.
Physical distance is the biggest problem, he said.
“The [virus-containing] droplets spreading carries the biggest risk of spread. During elections, the fact that somebody is close to you will be the biggest risk.
“The person managing the device is going to be there throughout, interacting with many people, that’s the main risk,” he told the Star in a phone interview.
Former IEBC commissioner Thomas Letangule said there is no justification to abolish Kiems, pointing out that the manual system is equally risky health-wise.
“You cannot suspend the law. Kiems can be managed the way we manage microphones in public meetings. They are shared but they are also sanitised after every user,” he told the Star. Letangule said other countries have conducted general elections successfully without having to suspend the use of technology.
“Since Covid-19 was declared a pandemic last year, countries have not stopped elections. In an election process, there is order, voters queue and it is possible to follow all the protocols of the Ministry of Health,” he said.
Lugari MP Ayub Savula said they will reject any plan to “take the country backwards”.
He said Kiems will help weed out ghost voters.
“When you are conducting an audit of the voter register, Kiems should be there. Otherwise, we will have dead people voting. We do not want a repeat of the 2007-08 post-election violence. Use of Kiems was part of the reforms adopted and we are not going back on that,” he said.
(Edited by V. Graham)