Key areas that the Citizens should know on Voter education

1. Key areas that the Citizens should know on Voter education

2. Topics • Historical Evolution of Kenya’s Electoral Management Body(EMB) • Mandate of IEBC • Characteristic of Electoral Management Bodies • General Principles of an Electoral system in Kenya • Meaning and importance of voter registration • Conditions for voter transfer • Inspection of voters registers • Understanding diaspora voting

3. Topics • Laws governing political parties • Role of the registrar of political parties • Membership of a political party • Nomination of candidates • Importance of nominations • Role of agents in Electoral process • Understanding a political party • Basic requirements of a political party • Registration of a political party • Role of political parties • Political party manifesto

4. Topics • Voting procedure • Features and marking of ballot papers • Counting and tallying of votes and announcement of results • Role of media in the electoral process • Election campaigns; meaning, importance campaign period and campaign regulations • Electoral code of conduct during campaigns • Polling day and polling time • Persons entitled to vote and documents required to vote

5. Historical Evolution of Kenya’s Electoral Management Body • The first Electoral Commission of Kenya was established under the first independence Constitution in 1963 and was mandated to conduct the first elections in 1963. • Until 1991, civil servants oversaw elections administered by the Office of the President under a Director of Elections. This system was open to abuse and the partisan influences of the Executive. • However, most people in Kenya were not aware of the existence of the electoral body, its power and obligations until 1991 when the Commission chaired by the late Justice Zacheus Chesoni was appointed to conduct the first multi-party general elections in 1992 following a constitutional amendment.

6. Historical evolution of Kenya’s Electoral Management Body cont…d • The Electoral Commission of Kenya (ECK) was reconstituted in 1992 with 21 Commissioners,10 of them nominated by opposition political parties represented in Parliament under the Inter Party Parliamentary Group (IPPG) agreement of 1997. • The ECK conducted elections in 1997 and 2002 that were regarded as credible by both domestic and international observers. • ECK also successfully conducted the 2005 referendum on the constitution. • The 2007 General Election however exposed internal divisions within the ECK that were partly blamed for the disputes around the presidential election and the subsequent violence.

7. Historical evolution of Kenya’s Electoral Management Body • The Independent Review Commission (IREC) a.k.a The Kriegler Commission that was formed to review the 2007 General Elections blamed ECK for not running a credible election and recommended that it be dissolved. • Subsequently, Parliament dissolved ECK and replaced it with the Interim Independent Electoral Commission (IIEC) chaired by Mr. Isaak Ahmed Hassan. • The IIEC successfully conducted the referendum on the Constitution on August 2010. The Constitution was promulgated on the 27th August 2010. • The Constitution of Kenya, 2010 provided for the establishment of the Independent Electoral and Boundaries Commission (IEBC) to succeed the IIEC. • The new commissioners for the current IEBC took office in 2017

8. THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

9. General Principles guiding the conduct of EMBs slide 1 of 2 • Independence: • The functions of an EMB should not be subject to direction of any other person, authority or political party • - Transparency: • An EMB should constantly communicate to stakeholders in election on the electoral processes and operations • - Impartiality: • An EMB must function without political favoritism or bias

10. General Principles guiding the conduct of EMBs slide 2 of 2 • - Efficiency and Effectiveness: • Efficiency and Effectiveness are integral components of overall credibility of an election and depend on staff professionalism, resources and sufficient time to organize elections • - Professionalism: • Election should be managed by a specialized group of highly trained and committed experts who manage and facilitate the electoral process. • - Adherence to the Rule of Law: • EMB must conduct its affairs within the law

11. Mandate of Independent Electoral and Boundaries Commission slide 1 of 3 • - the continuous registration of citizens as voters; • - the regular revision of the voters’ roll; • - the delimitation of constituencies and wards; • - the regulation of the process by which parties nominate candidates for elections;

12. Mandate of Independent Electoral and Boundaries Commission slide 2 of 3 • - the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results; • - the registration of candidates for election; • - voter education; • the facilitation of the observation, monitoring and evaluation of elections;

13. Mandate of Independent Electoral and Boundaries Commission slide 3 of 3 • - the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election; • - the development of a code of conduct for candidates and parties contesting elections; and • - monitoring of compliance with the legislation required by Article 82 (1) (b) relating to nomination of candidates by parties

14. Criteria for appointing members of IEBC

15. Qualifications for appointment as chairperson of the Commission The chairperson of the Commission shall be a person who is qualified to hold the office of judge of the Supreme Court under the Constitution.

16. Qualifications for appointment as chairperson or member of the Commission A person is qualified for appointment as a member of the Commission if such person— • - is a citizen of Kenya; • - holds a degree from a recognized university; • has proven relevant experience in any of the following fields— • i. electoral matters; • ii. management; • iii. finance; • iv. governance; • v. public administration; • vi. law; and • vii. meets the requirements of Chapter Six of the Constitution.

17. Process of appointing the Chairperson and members of IEBC slide 1 of 2 • - Appointment of a selection panel/ committee • - Selection/ committee panel invites applications from qualified members of the public for the position of the Chairperson and members of the Commission • - Selection panel/ committee panel shortlist and interviews applicants for the position of the Chairperson and members of the Commission and conduct interviews

18. Process of appointing the Chairperson and members of IEBC slide 2 of 2 • Selection panel/ committee recommend two names to the President, from which he/she nominates, one to the position of the Chairperson • - Selection panel/ committee recommends nine names to the president, from which he nominates six to the position of members of the Commission • - The president seeks the approval of the national assembly, on his nominees • - If approved by the national assembly, the nominees to the position of the Chairperson and members of the Commission are appointed by the president and sworn in by the Chief Justice

19. EMBs are responsible for the following key functions. Slide 1of 2 • Conducting elections and referenda • Maintaining the electoral register • Voter education programs and activities • Active electoral roll management • Efficient delivery of polling services and targeted education

20. EMBs are responsible for the following key functions. Slide 2 of 2 • Public awareness programs • Research, advice and assistance on electoral matters to the Parliament, other government agencies and recognized bodies • Assistance in overseas elections and referendums • Administration of election funding and financial disclosure • Administration of party registration requirements • Support electoral redistributions

21. Meaning Political rights These are political entitlements that enable individuals to elect public officials or themselves to hold public office.

22. Political rights and responsibilities of Citizens slide 1 of 2 Political rights for Individual citizens include right to: • Form or participate in the formation of a Political Party • Participate in the activities of a Political Party • Campaign for a Political Party or a cause • Free, fair and regular elections based on universal suffrage • Be registered as a voter • Vote by secret ballot on any election or referendum • Be a candidate for a public office or office within a Political Party of which the citizen is a member • Hold office if elected

23. Political rights and responsibilities of Citizens slide 2 of 2 • Contesting for elections • Voting in elections • Being informed • Participating in political meetings • Attending community or civic meetings • Being members of private, public and voluntary organizations • Paying taxes • Upholding peace

24. Political rights and responsibilities of women, youth, elderly, marginalized, persons with disabilities and people in correctional facilities. • To be treated with dignity and respect • Have access to all places, political rallies and information • Have access to all materials and devices to overcome constraints that may impede their enjoyment of political rights • Have opportunities to associate, be represented and participate in political activities

25. Barriers to citizens’ realization of political rights and role of citizens in enforcement of political rights

26. The barriers to citizens’ realization of political rights • Cultural practices that hinder the participation of special groups in the political process • Discrimination • Political violence/ intolerance • Lack of, or inadequate information on electoral process • Difficulty in acquiring national identification documents required for registration as a voter • Illiteracy • Lack of information in accessible formats for persons with disability

27. Role of citizens in enforcement of their political rights • Citizens can enforce their political rights by: • - Registering as a voter • - Voting • - Offering themselves as candidates • - Scrutinizing candidates for elections • - Maintaining peace during elections • - Petitioning the government • - Recalling elected members of National Assembly and Senate.

28. An overview of a political party

29. Meaning of Political Parties & requirements of membership of a Political Party

30. POLITICAL PARTIES Meaning of a Political party • Is an organized group of people with similar political aspirations and opinions that seek to influence public policy by getting its candidates elected to public offices. • Their aim is to get their candidates elected to political power. • In Kenya a Political Party must be registered and should have a governance structure • The leadership of a Political Party must accommodate the regional balance, persons with disabilities, marginalized and at least a third of either gender.

31. Characteristics /features of a political party Political parties in Kenya have the following characteristics: • A manifesto • Party symbol • Governing body/governance structure • A constitution • Physical offices and addresses in at least half of the 47 counties • Registered members • Party leader • The leadership of a Political Party must accommodate the regional balance, persons with disabilities, marginalized and at least a third of either gender.

32. What are the basic requirement /characteristics of a political party?

33. Basic requirements of a political party Every political party must: • Have operational offices in at least half of the 47 Counties • Have a national outlook • Have a democratically elected governing body • Abide by the democratic principles of good governance • Promote and practice democracy through regular, fair and free elections within the party • Respect the right of all persons to participate in the political process • Include minorities and marginalized groups • Subscribe to and observe the Code of Conduct for political parties.

34. A political party must not: • Be founded on a religious, linguistic, racial, ethnic, gender or regional basis • Seek to engage in advocacy of hatred on any such basis • Engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person • Establish or maintain a paramilitary force, militia or similar organization • Engage in bribery or other forms of corruption • Use public resources to promote its interests or its candidates in elections.

35. Registration of a political party Conditions for registration of a political party: • Should be done in writing • Should be signed by authorized officials of a political party • Has recruited as members not fewer than one thousand registered voters from each of more than half of the Counties • Membership should reflect regional, gender balance and ethnic diversity and other groups such as minorities, the marginalized and persons with disabilities

36. Registration of a political party cont…d • The composition of its governing body reflects regional and ethnic diversity, gender balance and persons with disabilities. • Not more than two thirds of the members of its governing body are of the same gender • Members of governing body must meet requirements of Chapter 6 of the Constitution and other laws and regulations on ethics • Has to submit to the Registrar a list of names, addresses and identification particulars of all its members • Submit to the Registrar of Political Parties the location of head office and its postal address and those of the branches

37. What is a political party manifesto?

38. Political party manifesto A manifesto is: • A public declaration of principles and intentions of a political party • A blue print of the aspirations and the agenda of a political party • A programme of action and campaign tool for a political party • A road map of what is envisaged by a political party • A marshal plan of the party’s expectations and intentions

39. Laws Governing political parties Political parties have the right to: • Reasonable and equitable allocation of airtime by State owned and other mentioned categories of broadcasting media • Freedom to broadcast in order to ensure fair election campaigns Coalition of political parties • Coalition of two or more parties may be done before or after election • The coalition agreement must be deposited with the Registrar of Political Parties at least three (3) months before the election • Coalition agreement made after the election must be deposited with Registrar of Political Parties within twenty one (21) days after the signing of the agreement. Mergers of political parties • A political party may merge with another political party: • If done in accordance with the Constitution

40. Requirements for membership of a Political Party • To be 18 years and above • - Holder of a national identity card • - Present yourself to the intended Political Party for registration

41. Importance of Participation of women, youth, elderly, marginalized and persons with disabilities in activities of Political Parties • They have the right of participation in Political Parties activities • - Political Parties have the obligation of representation in Parliament and county assemblies by youth, women, • persons with disabilities, minorities and marginalized groups • - Political Parties shall preserve positions for youth, women, persons with disabilities, minorities and marginalized groups • - Participation of youth, women, persons with disabilities, minorities and marginalized groups will be no less than that of other persons outside these categories

42. Role of the Office of the Registrar of Political Parties (ORPP) in management of Political Parties slide 1 of 2 • register, regulate, monitor, investigate and supervise Political Parties to ensure compliance with Political Parties Act 2011; • - administer the Political Parties Fund; • - ensure publication of audited annual accounts of Political Parties; • - verify and make publicly available the list of all members of Political Parties;

43. Role of the Office of the Registrar of Political Parties (ORPP) in management of Political Parties slide 2 of 2 • - maintain a register of Political Parties and the symbols of the Political Parties; • - ensure and verify that no person is a member of more than one Political Party and notify the IEBC of the findings; • - investigate complaints received under Political Parties Act 2011; and • - perform such other functions as may be conferred by Political Parties Act 2011 or any other written law.

44. Nomination of candidates

45. NOMINATION OF CANDIDATES Meaning of nomination Nomination refers to: • The process where political parties nominate candidates • The process through which the Commission certifies candidates nominated by political parties • The process through which the Commission certifies independent candidates

46. Types of nominations We have five types of nominations, these are: • Presidential • Governorship • Senatorial • National Assembly • County Assembly

47. Role of political parties in the nomination process Political parties shall: • Identify potential candidates in their party for various seats • Conduct preliminaries for the candidates as per the party rules and regulations • Submit to IEBC the list of nominated candidates at least forty five(60) days before an election • Issue party certificate of nomination to the elected candidates

48. Role of political parties in the nomination process • Submit the preliminary election reports and names of elected candidates to IEBC • Submit party list of members to the IEBC for use in nomination of special members • Arbitrate in all disagreements arising out of preliminary nominations • Keep register and records of its members

49. Membership of a Political Party slide 1 of 2 Rights of a member of a political party • A person shall not be a member of more than one political party at the same time • A member of a political party has a right to join or form another political party but losses membership of the previous party • Advocacy of the ideals and interest of another party by a member publicly or otherwise presumes the resignation of the member in question from his/her previous party • Right to participate in the activities of the political party

50. Membership of a Political Party slide 2 of 2 • Right to access the records of accounts of the political party • Right to petition the political party • Right to seek an elective position in the political party • Right to resign from a political party • A member of Parliament or county assembly can resign from a political party by giving a 30 days written notice prior to his/her resignation either to the political party or to the clerks of the relevant houses.