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Election: Leaders blame ECK for the mess

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Published on Friday, 19 August 2011 03:16

It is now clear that voters in the larger Kisii region were short-changed going by the latest events.

Last week’s court verdict that Walter Nyambati was not validly elected as MP for Kitutu Masaba and two past petitions — one against Omingo Magara (South Mugirango) and the other Joel Onyancha (Bomachoge) — are pointers that elections in the region were rigged.

Kitutu Masaba ODM Chairman Timothy Bosire, whose chief agent went to court leading to the nullification of Nyambati’s elections, is bitter that all tricks were used to deny the constituents a chance to elect a leader of their choice.

"The courts have been a source of stress to Kitutu Masaba constituents. The case was among the first to be filed, but for strange reasons it has taken almost four years to conclude," said Bosire.

He, however, said the nullifications did not mean there was political instability in the region "since each constituency is run independently".

Coincidently, the courts have found the MPs innocent, blaming instead the now defunct Electoral Commission of Kenya (ECK).

Local leaders are demanding that the Interim Independent Electoral Commission (IIEC), which replaced ECK, apologise to the voters for messing up the outcome of the last General Election.

MPs Charles Onyancha (Bonchari) and Manson Nyamweya (South Mugirango) said from the outcome of the petitions, the 2007 elections were massively rigged.

In Kisii, to date some politicians who harboured parliamentary ambitions are of the view that rigging started with party nominations. They argue that party leaders imposed candidates on people.

Former Cabinet minister Henry Obwocha summed up the mess in the larger Kisii thus: "There was wind of change. People simply wanted change and in some instances simply voted in leaders they had not even vetted."

According to Obwocha, some of the ECK officials capitalised on the wind of change to mess up the elections hence denying the electorate the leadership it deserved.

"It is baffling that the courts are sending the MPs home only months into the next General Election. While neither the MPs nor the petitioners are to blame, the new electoral laws being worked out must ensure that all petitions are heard and determined within months after an election."

Onyancha said the three petitions that have succeeded in Kisii are a reflection of the way ECK messed up everything.

"And it goes to prove that the entire process was not free and fair," he said.

"The candidates have been found not to have committed any electoral offence. This points out that the rigging was done by ECK and not the candidates."

Onyancha says to avert a similar scenario in the next polls, Kenyans must be firm on the kind of commissioners they will have at the yet to be established Independent Electoral and Boundaries Commission (IEBC).

He said he was concerned about the set qualifications for IEBC saying if adhered to, they would favour some people.

"That is why the advert a few days ago calling for applicants for the position of chairman and commissioners for the proposed Independent Electoral Boundaries Review Commission (IEBRC) sent alarm bells all round," he said.

The advert, he said, looked like ground preparation for another fiasco and grand rigging.

"How can all candidates be subjected to all sorts of requirements from institutions whose heads have not been subjected to the same, some of which are well known for their corrupt practices, others for their lack of performance, and more worrying, all headed by people largely subscribing to the tenets of one political party?" he posed.

Obwocha said voters in Kisii deserve to be represented by people they elect but not by those declared winners unfairly.

Leadership vacuum

He said there was no leadership vacuum in Kisii "because all the MPs irrespective of their parties work together for the interest of the community".

He argues that in future any MP who loses his seat through a petition must be compelled to refund half of the total salary earned when he "represented the constituents unfairly".

The People’s Democratic Party Chairman Stephen Nyarangi commended courts for arriving at the verdicts.

"Using the Kisii petitions as an example, the last elections were seriously rigged by all those who took part since all parties have lost MPs. However, Kenya wouldn’t have burnt had the Premier done what other election losers do — going to court."

Besides the petitions being successful, Kisii region has lost its political identity, as it was when all the 10 MPs were from Ford People, then headed by Simeon Nyachae.

Soon after losing his Nyaribari Chache seat, Nyachae announced his retirement from politics even though of late his name has resurfaced in political cycles thanks to his acceptance to grace consultative forums organised by former MPs and aspiring ones.

Obwocha and the Secretary of the Kisii professionals consultative Forum Engineer Peter Kimori say it is time the community put its act together to avoid being taken for granted by poll rigging masters.

"The Kisii are industrious by nature but as things are now, they seriously need political reassurance and quality leadership under the new Constitution. Our people are lacking visionary leaders to take them to another level given land is diminishing. We are tired of petitions and CDF court cases against leaders elected to take care of the resources on behalf of the electorate," said Kimori.

Common approach

Engineer Kimori said as a means of seeking a common approach in addressing the community’s concerns, a two-day stakeholders’ forum has been organised for next month in Kisii.

Obwocha, who has been a key figure in the Kisii leaders’ consultative forum and chairman of Ford People, says: "Nobody should take the Kisii for granted. We are regrouping and re-strategising. Very soon we will be holding rallies in and outside Kisii to revive our unity."

However, the recent consultative meetings have been heavily criticised by other Kisii leaders, mainly sitting Mps, who view them as a scheme aimed at planting candidates in all elective positions under the new Constitution.