Don't repeat mistakes of 2017, Koome tells IEBC

Chief Justice Martha Koome on Friday challenged Independent Electoral and Boundaries Commission to own up to its past mistakes, learn from them to conduct free, fair, credible and verifiable elections.

She cited the Supreme Court’s nullification of the 2017 presidential election which she said happened because IEBC did not conduct the election in conformity with the Constitution and the law.

Koome said it was her hope that the IEBC is making a conscious effort to ensure its processes meet the demands of the principles of the electoral system.

“It is therefore our expectation that the lessons from the past judicial decisions are being considered by the IEBC as it prepares to conduct the elections,” Koome said.

“We also expect IEBC to have worked or to be working with stakeholders to consolidate the progress made in integration of technology to manage election day activities and management of results."

She mentioned this in the context of recent prayers and fasting day held by the judiciary.

The CJ hinted that in running affairs of the public office one needs divine intervention.

Koome, who spoke during a media briefing on election preparedness noted that the IEBC has clear guidance and standards to adhere to when it comes to election management.

She urged Kenyans including IEBC bosses to repent for past failures and seek God's guidance as they manage the election.

"Some things are sometimes bigger than us. We need divine intervention and where we have failed, we ask God to forgive us and I believe every Kenyan will be confessing their sins including IEBC where they faltered they will ask for forgiveness and they will look forward to doing their work properly,"Koome said.

The CJ also assured Kenyans that her integrity and independence of judiciary in dealing with election disputes is not going to reduce because of her relations with other arms of government.

“Our independence in terms of decision making was not affected or infected. I will continue to assure Kenyans when it comes to personal and judicial independence that they are so deep, they cannot be diluted because I met a minister," she said.

"Nobody can tell me about my work just like I don’t tell anyone how to do their work.” 

On its part the Judiciary, the CJ said, has gazetted at least 120 special magistrates who will be handling election cases.

Judiciary has also expanded the membership of the Political Parties Disputes Tribunal by providing for ad hoc members. This has enabled the decentralisation of the PPDT thus deepening access to justice.

She said the Judiciary is optimally prepared to discharge its dispute resolution mandate with respect to any disputes that may arise during this electoral cycle.

“All those who are aggrieved with any actions or decisions relating to the electoral process should be rest assured that we have put in place mechanisms that guarantees that disputes lodged before our Courts or the Political Parties Disputes Tribunal will be handled in a competent, fair, transparent and expeditious manner,” she said.

Also present during the briefing is International Commission of Jurists, Kenyan Section chairman Protus Saende who urged the media to be objective in their reporting and accord impartial coverage to all aspirants.

Saende challenged the media to silence the hate mongers and do due diligence by asking politicians the hard questions on behalf of the members of the public who rely on them for information.

Supreme Court judge Justice Mohammed Ibrahim, who is the head of judiciary election preparedness committee said they have a few challenges.

However he hopes that the institution will get more funding to establish more virtual courts for election dispute resolution.

He also noted that they need to stabilised connectivity for all magistrates’ courts and courts in far flung areas with poor internet.

(Edited by Tabnacha O)