For the first time since Independence, voters will elect their preferred leaders in a six-tier voting in an exercise billed as the most expensive in 50 years.
The voters will elect a President, Member of Parliament, Governor, Senator, Women Representative and Member of County Assembly.
Previously, voters only elected a President, Member of Parliament and a civic leader.
IEBC Commissioner Albert Bwire said mock elections had been conducted twice in the country as the commission sought to gauge voter awareness ahead of the poll. “We conducted mock election in Kajiado South and Malindi last year and in all the 47 counties this year. The exercise not only helped IEBC to plan for the General Election, but also for the voters to understand what is required of them in this election,” Bwire said.
“Through the mock election, IEBC was able to identify the gaps in bulk voting, how long it takes for a voter to vote for six candidates and the cost of the election,” he added.
He said unlike in the past when voters were required to produce their voter registration cards to be allowed to vote, they would only be required this time round to produce their national Identity Cards or passports when they report to polling stations.
IEBC Nairobi Regional Coordinator Billah Kiptugen said names of the real candidates were not used in the mock election,
“ IEBC did not use real candidates in the mock election as it had the potential of polarising the electorate ahead of the poll,” Kiptugen told The Standard.
Kenya Union of Post-Primary Education Teachers Secretary in charge of secondary schools Edward Obwocha said some voters were yet to comprehend the new voting system even as the country goes to the polls today.
“ IEBC did not conduct adequate voter education in the country for the voters to understand the process and what is expected of them when they go to the polling station tomorrow (today),” Obwocha said.
He said it would not be a surprise if majority of the votes would be spoilt as a result of lack of awareness on the part of voters.
“You will remember that during the Law Society of Kenya (LSK) elections, more than 200 votes cast were declared spoilt in a similar voting system like the one that is being used by IEBC. If with their high education, the lawyers could not comprehend the voting system, what will happen to illiterate voters at the grassroots,” Obwocha posed.
PROTECTED POSITION
Electoral Institute for Sustainable Democracy in Africa Programmes Manager Willis Otieno said for the first time, the presidential candidate will be listed alongside his running mate on the ballot paper.
“In the past, the voters only elected a presidential candidate who upon being declared the winner would pick the vice-president and form the Cabinet,” Otieno said.
He noted that as voters go to poll, they would be picking their preferred candidate with the full knowledge of who the deputy president would be.
“Voters should also remember that the deputy president’s position is protected in the Constitution and if the president is declared unfit to hold office for whatever reason or dies in office, the deputy will automatically take over for the remaining period before another election is held,” Otieno pointed out.
The pre-election and post-election coalitions have also been entrenched in the election laws, allowing various political parties to come together and shore up their numbers in bid to take over power.
Such alliances are legally binding with clear power sharing agreements that are dully signed by the players and deposited with the Registrar of Political Parties.
The Elections Act also envisages a situation where there will be a presidential run-off if no candidate garners 50 per cent plus one of the votes, which will be held on April 11.
If the presidential contest is decisively won in the first round, then the winner will be sworn in on March 26 by Chief Justice Willy Mutunga.
The Judiciary has clear timelines within which to hear and determine election petitions unlike in the past when such matters took over five years to be heard and determined by the High Court. Article 105 (2) of the Constitution and Section 75 (4) of the Elections Act 2011 provides that these petitions be heard and determined within six months of their filing, not later than October 8, 2013.
The Magistrate’s Court has also been empowered to preside over poll petitions, which were previously a preserve of the High Court.
Dr Mutunga said recently that the Judiciary was up to the challenge of handling election petitions that would arise in the coming days.
Any dispute on the presidential election should be filed before the Supreme Court within seven days of the declaration of the results, according to Article 140 of the Constitution.
The Supreme Court is required to hear and determine the petition within 14 days of the case being filed.
In the event of a successful petition, a fresh presidential election shall be held within 60 days of the determination of the petition at the Supreme Court. Article 140(3) of the Constitution requires IEBC holds fresh election not later than May 1.
- The Standard
