WE-THE-PEOPLE REJECT ELECTION

October 31, 2017

We-the-People is a citizens alliance that seeks to provide alternative public

leadership in the national interest. It brings together a diverse group of leaders
from trade unions, civil society, academia, faith-based organisations, the media,
women, youth, people with disabilities, minorities and citizens at large who have
come together to address the Kenyan crisis.

A week ago, We-the-People cautioned against rushing into an election for which
the country was ill-prepared. Our call for a postponement of the election was not
heeded, and sadly, our fears have been vindicated.

We-the-People assert that the October 26 election was neither credible nor
legitimate, and was not legal for the following reasons:
The election was not conducted by an independent electoral management
body. Former Commissioner Roselyn Akombe fled into exile saying the
Independent Electoral and Boundaries Commission (IEBC) had become
party to the countrys political crisis and was characterised by partisan
decision-making at the highest levels. IEBC Chair Wafula Chebukati affirmed
her complaints and said he did not have confidence the Commission could
conduct a credible election.
The election suffered from a historically low turnout, including the absence
of participation in some parts of the country. This denies the election a
broad based mandate.
The opposition boycott coupled with the effects of violence -- particularly
by security agents -- meant the political environment was not supportive of
a free, fair and credible election.
The refusal to obey the Supreme Court order to open the servers for
scrutiny so as to determine what went wrong in August to avoid similar
mistakes meant that there was a continuing violation of the law.
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 The management of the electoral process, as well as the results
transmission and announcement, did not conform to the requirements of
the Constitution. It mirrored issues raised in the petition to the Supreme
Court, which annulled the results of the August 8 presidential election,
including:
- Results based on far less than 100 per cent of each constituencys polling
stations
- Evidence of multiple Forms 34A from the same polling stations with
different results
- Changing numbers in the Voter Register
- Forms 34B that are missing serial numbers
- Forms 34B printed in non-standard formats
- Notes and data missing from the hand-over and take-over sections
- Pages missing from published Forms 34B.

Rather than using the historic Supreme Court judgment to reform and raise
electoral standards, the five-year cycle of electoral instability has been further
entrenched. This is horribly costly in ways the nation cannot afford, and continues
to create uncertainty and fear. The country needs to draw a line on this and raise
the bar for elections once and for all.

We-the-People are concerned that a legal challenge is again probable, and far
from resolving the failure of the August 8 election, it raises the prospect of yet
another election being held within the 60 days as required by the Constitution; or,
at the very least, an on-going political crisis with a protracted legal contest.

This means Kenya is not only back where it started in August, but it is also faced
with a deepening and dangerous national crisis. We-the-People reject this illegal
election, and also reject calls for another election in 90 days as these would have
to be managed by what has now become a completely discredited electoral
management body. Furthermore, the prevailing atmosphere of fear and violence

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cannot support another election so soon after the last two. The country would
need to heal before it can conduct another election.

The country is in an escalating crisis that has been exacerbated rather than
resolved by last weeks election. It has resulted in more disruption, death and
violence. Kenya is in the grip of a massive security crisis marked by impunity in
state institutions.

We-the-People note the failure by the international community to support

democracy in Kenya. Do Kenyans not deserve the highest standards of
democracy?

There is a looming crisis of leadership, and the country needs instead a

mechanism to reassert the sovereignty of the people.

Who is in charge of the country as these problems are resolved?

It is not clear whether the temporary incumbency arrangement is still in
play.
There are limits on how the IEBC can be reformed with the diminished
powers of the president during the temporary incumbency period
Mr Uhuru Kenyatta lacks broad public legitimacy, and it is unclear how the
oppositions resistance will impact his ability to effectively govern the
country.

We-the-People seek to institute a mechanism to manage a transition period

within a year in which we can properly reform the electoral management body
and establish an agency that can genuinely deliver free, fair and credible
elections, help reduce national tensions and divisions, and provide solace for
victims and survivors.

We-the-People call on the country to work together to find creative ways to

resolve this crisis and heal the tensions and injuries inflicted on the nation.