Revealed: Why poll results relay may fail again

The Independent Electoral and Boundaries Commission on Monday said that at least 1,100 polling centres are yet to be connected to 3G network, making it impossible to transmit results. 

Commission chairman Wafula Chebutaki said a report from the Communications Authority indicated the centres without coverage may not be able to transmit results to the national tallying centre.

“We asked them (CA) for a report on the quality of service and they said 1,100 centres do not have 3G. They asked us to run tests to check if it was possible to transmit at lower speed network,” Chebukati said.

Polling centres are made up of several stations and the 1,100 centres could involve thousands of voters.

Addressing journalists after meeting presidential aspirants at Bomas of Kenya in Nairobi, Chebukati said the use of manual transmission of results was available, where there is network failure.

The IEBC boss however sought to assure Kenyans there would be no crisis occasioned by failure of the devices to scan the forms and transmit results to Nairobi.

“The returning officers will bring the hard copies if they have problems with the network. We are also meeting them (CA) soon to discuss the matter further," he said.

"Even in some areas in places like Nairobi where there is 3G, there are places where coverage is not so good.”

The IEBC chairman said polling centres had increased from 24,000 in 2017 to 27,000 in 2022.

The Supreme Court nullified President Uhuru Kenyatta's victory in 2017 partly due to results transmission failures.

The electoral agency faced low network coverage, with 27 per cent of polling stations lacking 3G or 4G coverage.

In nullifying the presidential election, the Supreme Court determined that by the time Uhuru was declared the winner, the commission in Nairobi had not received electronically the results from the 11,883 polling stations.

The IEBC has set up the Kenya Integrated Election Management System, Kiems, for the purpose. The system requires a 3G or higher speed network.

A group of international observers on Friday also raised concerns over what they termed as "frequently flagged’ results transmission and management system.

They said it affects the legitimacy of the outcome of the electoral process.

The group, which has been in the country on a pre-election assessment mission, said failures and lags in electronic transmission in previous elections heightened tensions in the country.

They urged the IEBC to conduct a nationwide pilot of the Kiems to identify gaps and plan alternatives ahead of August.

The team said this will help build trust among the contestants and electorate.

Chairperson of the Electoral Commission of Ghana Jean Mensa, US National Democratic Institute vice president Nicole Rowsell, International Republican Institute resident programme director Yomi Jacobs and Sierra Leone’s National Election Watch coordinator James Lahai are among those are in the delegation.

“IEBC should collaborate with the Communications Authority in conducting a feasibility study to determine network coverage and provide alternatives where gaps exist,” Rowsell said.

Rowsell also urged the agency to publicise the independent audit report of the voter register once complete, and develop a clear methodology with appropriate safeguards on the collation, transmission and declaration of results.

In the 2017 election, there were 11, 155 polling stations that were outside the network coverage and contributed to the nullification of the results.

One polling station, as per the Elections Act, must not have more than 700 voters.

While invalidating the presidential poll results, the apex court noted that in some instances the presiding officers failed to transmit forms 34A to the national tallying centre electronically as provided for in the law.

This means if the officers cannot find network they cannot move to any nearby place where there is network to declare the results as such will be an illegality.

On the audit report of voter register which the team asked IEBC to make public, Chebukati told the candidates who had also demanded it that the process was ongoing.

Turkana Governor Josphat Nanok, who is also the Kenya Kwanza director general of presidential campaigns, had raised concern over delays.

The audit process is being conducted by international firm KPMG.

During the Bomas meeting, independent presidential aspirants fought off unsuccessfully the commission’s directive that, among other things, they provide ID copies of their supporters.

The commission has outlined tough measures that the aspirants must adhere to before being cleared in the one week exercise to start on Sunday.

Those who spoke during the session,which at one point turned dramatic, claimed Ruto and Raila were using administrators to collect the ID copies for them unlike independent hopefuls.

“How can you impose harsh terms on independent candidates? How can we go to remote areas to do photocopies of IDs when there are no photocopier machines in those areas?” Nickson Kukubo asked.

“You can imagine carrying a whole load of papers…it is like carrying potatoes in a bag."

Nanok was, however, quick to dismiss the allegations saying as UDA they are not receiving any funding from the state.

Threatening to move to court to have the regulation removed, the group said collection of signatures and copies infringes on the Data Protection Act.

“This is an exercise which requires that we seek for permission because it amounts to breach of the data protection of citizens,” Kiprono Felix said.

Chebukati responded that the commission was compliant to the Act hence they should not worry on whether the information might leak to third parties.

Nazlin Umar and Ruben Kigame, who are among the contestants, also protested harshly over the timelines saying it was wrong for the agency to  treat them as second class citizens.

“IEBC should assure us of fair play and treat us fairly like other candidates,” Umar said.

Chebukati defended the requirement, saying they are following the law and that as a referee they are under obligation to set the rules and ensure a level playground for all.

He pointed out that they were not able to enforce the regulation in the 2017 general election since it came into force after the process of submission of signatures had been completed.

"As a commission we are following the law and we have no reason to depart from the provision," he said.

Deputy President William Ruto, Azimio's Raila Odinga, Kalonzo Musyoka and Safina's Jimmy Wanjigi were represented by their agents at the event.

(Edited by Tabnacha O)

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