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UNCLAS SECTION 01 OF 03 NAIROBI 001855 
 
SIPDIS 
 
DEPARTMENT FOR AF/E SUSAN DRIANO 
 
E.O. 12958: N/A 
TAGS: PREL KDEM PGOV KCOR KE
SUBJECT: KENYA: BY-ELECTIONS FIRST TEST FOR IIEC 
 
¶1. (SBU) SUMMARY:  On August 27 the Interim Independent 
Electoral Commission (IIEC) held two by-elections for 
vacant parliamentary seats. The elections in Bomachoge 
(Nyanza Province) and Shinyalu (Western Province) were an 
important first test of the IIEC's capacity to organize an 
election and curb election malpractices.  The IIEC was 
largely successful on the first count as observers 
reported that the voting and tabulation processes were 
generally credible and transparent.  The IIEC was not 
successful in curbing "old school" electoral malpractice 
by candidates as observers witnessed numerous instances of 
apparent voter bribery.  END SUMMARY. 
 
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BY-ELECTIONS PROCEDURALLY CLEAN 
------------------------------- 
 
¶2. (SBU) The August 27 by-elections in Shinyalu and 
Bomachoge were the first major task faced by the Interim 
Independent Electoral Commission (IIEC).  Sworn into 
office five months late on May 8, the IIEC had just four 
months to organize the by-elections.  Prior to the 
elections IIEC commissioners outlined for donors a number 
of challenges they faced in preparing for the by- 
elections.  The IIEC began its work with staff 
inexperienced in running elections because all 
commissioners and staff of the former Electoral Commission 
of Kenya had been dismissed.  In addition, the IIEC is in 
the midst of drafting proposed reforms to Kenya's 
electoral law, but was obligated to administer the by- 
elections under the old electoral framework. 
 
¶3. (SBU) The IIEC undertook a month-long registration for 
the by-elections in July, a process that removed duplicate 
and deceased voters from the rolls and required residents 
to re-register and receive a new voter card.  Voter 
disinterest and the removal of names from the 2007 
register resulted in substantially lower figures for the 
2009 register: a 44 percent decrease in registered voters 
in Shinyalu and a 23 percent decrease in Bomachoge.  As 
observers noted in the field, the IIEC's registration 
process was considered cumbersome by voters and some 
individuals received new voter cards but were not listed 
on the register and thus disenfranchised. 
 
¶4. (SBU) The logistical preparation for and administration 
of the by-elections by the IIEC was generally competent. 
The IIEC exchanged returning officers and polling station 
clerks between Shinyalu and Bomachoge the day before the 
election in a bid to frustrate efforts by candidates to 
bribe these officers; however, the swapping of local 
election officials generated protest from candidates and 
also some staffing gaps as Bomachoge has 130 polling 
stations to Shinyalu's 80.  Nevertheless, materials were 
distributed through the night on the July 26 and most 
polling stations opened by 6:30 a.m. on election day. 
 
¶5. (SBU) Voting proceeded slowly but peacefully with a few 
reported irregularities in both constituencies. 
Candidates filed complaints that party agents in some 
stations were removed from the polling station, and 
observers noted that in some instances illiterate voters 
were assisted by polling station presiding officers 
without the presence of party agents as required by Kenyan 
electoral law. 
 
¶6. (SBU) The most common problem, present at nearly all 
polling stations, were voters holding newly issued cards 
whose names were not on the register.  Polling station 
officials did not receive timely or clear guidance from 
the IIEC in how to resolve this problem.  Though IIEC 
commissioners attempted to address these issues by driving 
the master register to affected stations late in the day, 
it was physically impossible to reconcile all cases.  The 
problem affected approximately 1,000 voters in Bomachoge 
and 300 in Shinyalu.  It is possible that the 
disenfranchised voters could have changed the outcome in 
Bomachoge, where the Orange Democratic Movement (ODM) 
candidate won with a 700 vote margin. 
 
¶7. (SBU) The vote tally in both constituencies was slow 
but generally transparent.  Votes were counted at polling 
stations with party agents present in nearly all cases; 
the boxes were subsequently resealed and transported to 
the tallying centers where results were entered into a 
publicly displayed Excel spreadsheet.  Disputed votes were 
adjudicated at the tallying center in the presence of 
observers and party agents.  With the exception of the 
 
NAIROBI 00001855  002 OF 003 
 
 
Party for National Unity (PNU) candidate in Bomachoge, all 
parties agreed that the tabulation process was credible 
and fair. The PNU candidate expressed concern about the 
results from several polling stations and at one point 
requested a recount, but did not formally contest the 
final results. 
 
--------------------------------------- 
OLD SCHOOL POLITICS UNDERMINE ELECTIONS 
--------------------------------------- 
 
¶8. (SBU) Despite the procedural integrity of the by- 
elections, the process was undermined by voter bribery and 
intimidation by candidates, behavior which the IIEC was 
unable to discourage or penalize. Interviews with all 
major candidates in Shinyalu the day before the by- 
elections revealed that candidates were not running issue- 
based campaigns; rather, each made the case to voters that 
they were best placed to funnel state resources to the 
constituency.  Observers and residents reported that 
candidates sought to undermine turnout in competitors' 
strongholds by purchasing voter cards ahead of the 
election, and one held traditional "oathing" ceremonies in 
which voters were intimidated into pledging support for 
the candidate. On the day of the election, several 
candidates hired agents to dispense cash in return for 
promised votes; apparent vote buying operations were 
present near the entrances to polling stations.  In 
Bomachoge, the PNU candidate told us he believed the ODM 
had compromised the deputy returning officer. 
 
¶9. (SBU) IIEC officials did not have the capacity to 
address the reported malpractices.  Each polling station 
was assigned two police officers, and while some arrests 
for voter bribery were made, as a whole the officers did 
not actively investigate allegations.  In some cases the 
police refused to arrest corrupt party agents when ordered 
to do so by the IIEC.  IIEC commissioners expressed 
frustration that while they received reports of 
malpractice before and during the election, current 
electoral laws do not allow them to arrest, prosecute, or 
bar candidates without a court order. 
 
¶10. (SBU) It is unclear whether these malpractices altered 
the outcome of the election.  In Bomachoge, where the ODM 
candidatewon with just 700 votes more than the PNU 
candidate out of approximately 35,000 votes cast, it is 
possible that voter bribery and corrupted officials in a 
limited number of polling stations influenced the election 
in favor of ODM.  In Shinyalu, the two parties most 
extensively engaged in voter bribery (PNU and KADDU) 
finished well behind the ODM candidate, who received 
approximately two-thirds of the vote. 
 
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COMMENT 
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¶11. (SBU) Despite some disorganization and some isolated 
incidents in which polling station officials disregarded 
protocol, the IIEC demonstrated adequate capacity to 
organize the by-elections and political independence in 
adjudicating disputes.  Procedurally, the IIEC will need 
to improve the registration process so that the voters 
issued new cards are properly registered at their assigned 
polling station.  While commissioners were present and 
responsive to registration and other problems during the 
by-election, they were unable to communicate efficiently 
decisions to the polling station level or to resolve the 
problems even through direct intervention.  As 
commissioners will not be present in constituencies during 
the constitutional referendum, it is imperative that, in 
addition to procedural changes to the registration 
process, the IIEC must hire an effective secretariat in 
each constituency that is able to resolve problems on the 
ground. 
 
¶12. (SBU)  Legal reforms will also be needed to both 
update electoralprocedures and strengthen the IIEC's 
capacity to investigate and prosecute corrupt candidates. 
The IIEC is drafting proposed reforms which will permit 
the introduction of electronic voting and tabulation 
systems.  In addition to procedural improvements we will 
recommend that the commissin seek a legal mandate to 
investigate, prosecute, and bar candidates suspected of 
engaging in electoral malpractices.  The commission will 
need to work closely with the Committee of Experts on the 
Constitution and legal affairs committees in Parliament to 
 
NAIROBI 00001855  003 OF 003 
 
 
marshal support for the proposed reforms.   END COMMENT. 
 
RANNEBERGER