SUPREME COUNCIL OF KENYA MUSLIMS (SUPKEM)

SAMBURU BRANCH

ELECTION AND POLICE

REFORMS

PRESENTATIONS MADE TO THE

CONSTITUTION IMPLEMENTATION
COMMITTEE

On Thursday 14th April 2011

AT THE ALLAMANO HALL MARALAL

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Compiled by:
Abdikadir Ismail
abdiism@gmail.com

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Table of contents
Table of contents...................................................................................................3
ON ELECTION REFORMS:....................................................................................5
What the people would like in place in order to have successful elections............5
How they would like the process of voter registration to improve.........................5
How the people would like to vote and to have the votes counted.......................6
How they would like their MP/Senator/County rep to represent them?..................7
Allocation of party seats........................................................................................7
How do we ensure minority groups are represented in parliament and county
assemblies?........................................................................................................... 7
What are the functions of the senate, national assembly and county assembly?..8
What should the county assembly do (role)...........................................................8
What should the national assembly do (role).........................................................8
What should the senate do (role)...........................................................................9
What should be the role of political parties in elections?.......................................9
How may political parties improve?.......................................................................9
What are the weaknesses of the elections, political parties and parliament?......10
Weaknesses of elections ..................................................................................10
Weaknesses of political parties.........................................................................10
Weaknesses of parliament ...............................................................................10
What do we need to have in place to reduce election malpractices?..................10
What would lead to a recall of a representative?.................................................12
How would you want to participate in the election process?...............................12
How would you want a member of parliament/county assembly to obtain your
views during their term in office?........................................................................13
What are the problems experienced with elections?...........................................13
What role should the people play in ensuring elections are successful?.............15
ON POLICE REFORMS:..........................................................................................16
What qualifications should the Inspector General and Deputy Inspector General
have?................................................................................................................... 16
What functions should be given to the Kenya Police Service and the
Administrative Police Service? What services do you expect from them?...........16
Role of the Kenya Police:..................................................................................16

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Role of Administration Police Service...............................................................16

Service we expect from police:.........................................................................17
What should be the membership of the County Policing Authority and how should
members be nominated.......................................................................................17
What are the functions of the county policing authority......................................17
What should be the functions of the community policing committees and what
should be their membership?..............................................................................17
Should police be used for private use?................................................................18
How can the welfare of the police be improved?.................................................18
How does a county police commander relate to the Governor if at all?...............19
Should the oversight authority branches be established; and at what level?......20
How should complaints about the police be received and processed?................20
What kind of issues should be reported to the oversight authority? How do
people want the police to be organized, whether centrally or in a devolved
manner?............................................................................................................... 20
How should complaints against the police be handled, whether by a central
authority or in a decentralized manner?..............................................................21
What should that authority be?...........................................................................21
What should be done about previous police misconduct as part of the
implementation of the constitution?....................................................................21
What role should the people play in helping the police perform their duties?.....21
Authors:............................................................................................................... 23

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ON ELECTION REFORMS:

What the people would like in place in order to have successful elections
a) Elections should be staggered – spread. We should have 2 elections, presidential
elections should be held on its own whereas other elections can be held together.
b) Proper, sustained and long term civic education programmes should be embarked on
to ensure that the members of the public do not get easily manipulated through lack of
knowledge or misinformation
c) Groups that will be chosen to do civic education must be clearly vetted and be made
more inclusive so as to accommodate all categories of the citizenry.
d) Security must be beefed up 3 months before and 3 months after the elections.
e) All candidates vying for elective posts must declare their wealth (The principal goal
of income and asset disclosure systems is to inculcate a culture of honesty and hard
work, and to combat corruption in two ways: to prevent corruption by identifying
actual and potential conflicts of interest before any misconduct takes place; and to
help investigators uncover actual wrongdoing and illicit enrichment after it occurs.)
f) Polling stations need to be increased
g) Review salaries of representatives downward to a reasonable figure like other
commonwealth countries so as to eliminate the notion that politics is a short cut to
wealth

How they would like the process of voter registration to improve

a.Current voter-initiated registration procedures are also a hassle for election
administrators. We suggest that we embark on universal voter registration where
registration is continuous.

b. Provide citizens with the opportunity to register to vote when they apply for ID
cards

c. Beyond the Electoral Body, there are other government agencies that could be used
to register voters, the most pressing being secondary schools and colleges. We
propose that we designate secondary schools and colleges as voter registration

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agencies and requiring voter registration as a requirement for graduation or

withdrawal from school.

d. On line registration should be encouraged in order to cater for voters in Diaspora

e. Early Registration can be done for 17-years-olds. These registrations enter the
system as inactive and automatically activate on the voter's 18th birthday. Early
registration can also be coupled with voter education that is specifically targeted to
future voters as their registrations become active.

f. For progressive revision of voters registers, we propose that the government liaises
with religious institutions so that deaths outside the hospital can be accurately
compiled and the names of dead voters be made inactive from the database or
databank

How the people would like to vote and to have the votes counted
a.We should vote in transparent ballot boxes

b. Electronic voting should be put in place to ensure those who are far from home can
vote too

c.Electronic devices should be installed in all polling stations so that they can be used to
countdown the voters who have cast their votes on their way out of the polling
station

d. The SMS electronic methodology used in vote counting and tallying during the
2010 referendum should be used where same results are released to the county
tallying centre and the national tallying centre.

e.When votes are counted (especially in areas hostile a particular party or candidate)the
agent of the candidate or the party must be present

f. The electoral body must liaise with the media houses so that official results are
announced as soon as they are received – the electoral body has to be ahead of the
media house and on top of proceedings. (we ask media houses to exercise
professionalism and use professionals only in reporting – not freelancers)

g. Generally the guiding principles we identified on vote counting are:

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• Transparency, • Secrecy,
• Security, • Timeliness,
• Professionalism, • Accountability, and
• Accuracy, • Equity

How they would like their MP/Senator/County rep to represent them?

They should represent us with diligence, honesty, integrity and inclusively (not to
discriminate anyone on any “–ism”

Allocation of party seats

a. The parties, organizations, and coalitions shall be ranked from the highest to the
lowest based on the number of votes they garnered during the elections.
b. Each party, organization, or coalition shall be entitled to not more than three (3)
seats.
c. Nomination should not be done to those who failed to win seats after contesting
d. Anyone nominated must fulfil all conditions set by the electoral body for
contestants

How do we ensure minority groups are represented in parliament and

county assemblies?

Seats of the minority must be guaranteed and away from the influence and manipulation of
the dominant community or communities

Legislation should be in place on funding of proposed projects from the minority as there is
fear that some of their recommendations may be struck out through majority vote

*Minority is a relative term – we could not agree if it is a sub-tribe of the main tribe (smallest
clans) or ethnic communities other than the main ones.

We also have concerns of the domination of the majority of the minority on the minority of
the minority

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What are the functions of the senate, national assembly and county
assembly?
The National Assembly controls national expenditure and revenue allocation

The National Assembly also reviews the conduct of the President and other state officers, and
initiates the process of removing them from office if necessary.

The County assembly will work like a national assembly but at the local level

The senate will provide advice and consent to the government

What should the county assembly do (role)

a) Enacts the Statute and the Standing Orders of the County;

b) Renders decisions and promulgates other general acts regulating the issues in the
self-governmental scope of activities of the County;
c) Renders decisions on the County tax rates and other County-bound revenues
according to the law;
d) Draws up the County Budget and the annual budgetary itemized statement;
e) Supervises budgetary performance and purposeful assets realization;
f) Establishes the public honours of the County;
g) Addresses the issues securing an even economic and social development of towns,
municipalities and cities encompassed by the County and of the County as a whole
as well as other questions of mutual interest to the cities, municipalities, and the
County as a whole;
h) Exercises and discusses the initiatives pertaining to the minority of the County;
i) Formulates the Working Plan of the Assembly;
j) Debates about the work of the County Council, evaluates it, and renders decisions on
its responsibility;

What should the national assembly do (role)

a) Provide a link between the government and the people through MPs

b) Makes and amends the law

c) Approve government revenue and expenditure and all that appertains finances

d) Check on the powers of the executive by recommending a vote of no confidence.

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e) Create statutory bodies e.g. parastatal

f) Debate on national issues

What should the senate do (role)

a) Debating and approving bills concerning the counties.

b) Determines the outcome of any resolution of the National Assembly to impeach the
President or the Deputy President.
c) To act as a commission of inquiry - slow the process of inquiry and foster longer and
more analytical debate on important issues.

d) Ratify treaties negotiated by the executive branch by a two-thirds majority.

e) Ensure implementation of law and order

What should be the role of political parties in elections?

a) Democratically nominate candidates that will vie for seats through them
b) Promote national unity
c) Maintain and preach peace

How may political parties improve?

There is a need to give strength to political parties, to make them democratic and
institutionalize them and to give them political lives longer than politicians.
There is need for political parties to stick to ideology and nominate leaders with no criminal
or questionable pasts.
Political parties should be made accountable if they nominate a candidate with a
questionable past so that they stand to lose the seat of that candidate.
Political parties must also have nominations for their candidates and these nominations
should be conducted by the body charged with the nation’s electoral process and
not by the political parties themselves. As such Laws and institutions must go
hand.
a) All political parties must disclose their sources of funding on elections

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b) All parties should file audited reports on the elections expenditures, policy making,
implementation and achievements and challenges on pledges made

What are the weaknesses of the elections, political parties and parliament?
Weaknesses of elections

a) Poor infrastructure that has led to problems in:

a. Transportation of election officers
b. Timely opening and closing of polling stations
b) Transparent recruitment of election officials – clerks, presiding officers
c) Inadequate security personnel

Weaknesses of political parties

a) Most are tribal or regional based

b) Not transparent in sources of funding, expenditures, policy making and
implementation
c) Lack of functional offices at the grass root level
d) They are dependant on individuals and not policies in their manifestos – not public
owned but individual based
e) They rarely undertake Corporate Social Responsibility
f) They make promises that they fail to fulfil and there are no mechanisms in place to
hold them accountable

Weaknesses of parliament

a) Lack of quorum
b) Malpractice in lobbying
c) Excessive salaries and allowances not proportionate with work load
d) Legalised tax evasion

What do we need to have in place to reduce election malpractices?

a. Proper civic education: The current process of choosing those to conduct civic
education is wanting – CBO’s and NGO’s with political leanings should not be

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allowed to provide civic education because they end up using public funds to
campaign for or against candidates

b. Equal Information: In order for voters to make policy-oriented choices among

electoral options, they need adequate information with which to assess the policy aims
and achievements of all the options on offer.

c. Policy stance: Contestants should be required to make known their policy stances.

d. Uniform government funding: Given that the dissemination of information is costly,

and that contestants will have differential access to private funds, the state has a duty
to provide the means whereby contestants can publicize their policy platforms, either
through free media time/space or the public funding of electoral campaigns.

e. Public debates: The same public dais should be used by all the political contestants
seeking national offices during their campaign trails. These public debates should be
funded for by the government. The Government should provide minimum resources
to all electoral hopefuls, resources targeted at helping them to get their campaign
message across.
f. Hate speech should be contained before, during and after elections. Contestants
should refrain from disseminating false information about their competitors.
g. Transparency. Transparent ballot boxes should be used to avoid prior stuffing of
ballots.
h. Determination of electoral related cases: cases involving election disputes and
election related offences should be sped up
i. Early declaration of intention to contest: Any one intending to contest should make
declaration of his/her intention known early enough (at least 6 months before
elections). This will give room to the electorate to run a background check suitability
j. Transition from Public service: Anyone in the Public service who wants to contest
must resign, at least 6 months before elections and should be allowed to reapply back
into the Public service 6 months after elections if he/she is unsuccessful in elections
k. Barring offenders: any candidate found guilty of electoral malpractices should be
barred from holding any elective post for a period of two consecutive terms (10 years)
l. Campaigns before election year: A lot of time that would hitherto be used in
development issues is wasted by early campaigns before the election year. Legislation

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should be put in place to curtail “term-long campaigns” (Every year looks like an
election year in Kenya)

What would lead to a recall of a representative?

a.Physical or mental incapacity rendering that member incapable of performing the
functions of the office

b. Persistent deserting of the electorate without reasonable cause

c.Violation of oath of office

d. Incompetence – probably went to office through use of forged documents and

thereafter fails to perform duty required due to lack of requisite skill and knowledge

e. If the holder wilfully misused, converted, or misappropriated, without authority,

public property or public funds entrusted to or associated with the elective office to
which the official has been elected or appointed or has been indicted of economic
crimes or corruption through investigations by KACA or any other body mandated
to investigate.

f. Has been indicted or informed against for a felony, convicted of a misdemeanour, or

against whom a finding of probable cause of violation of the code of ethics has been
made by the ethics commission or misconduct or misbehaviour likely to bring
hatred, ridicule, contempt or disrepute to the office

How would you want to participate in the election process?

a) As a voter

b) As a voter educator – participate in civic education

c) As an observer

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How would you want a member of parliament/county assembly to obtain

your views during their term in office?
a. Through tri-annual County meetings (April, August and Dec) – The representatives
should visit at least each major town, municipality or city once in 3 months to
obtain views from the public on scheduled issues.

b. There should be electorate officers with functional offices at the county who can be
contacted on phone or in person on behalf of the MP – the purpose of the electorate
officers is to schedule for a meeting / appointment with the MP – this should not be
personal appointments but on issues that the electorate wants the MP to be aware of
while still in office. From the views, the electorate officer should develop an open
letter to the representative(s) concerned. The letter should be posted prominently
outside the electorate office for the public to see. The feedback to this letter will be
got during the tri-annual county meeting

c.Open forum in parliament (County) once in 3 months in which the MP in the national
Assembly and the Senator are also present

d. Through an Annual General Meeting in which the representatives’ performance is

openly checked against the manifesto and election pledges or work plan developed

What are the problems experienced with elections?

a) The manipulation of institutions governing elections to the advantage of one or
more electoral contestants, in violation of the principles of inclusivity, impartiality,
openness or transparency.

b) The manipulation of voters and the choices they make through undue influence,
including positive incentives for voters to misrepresent their true preferences such
as vote-buying and open bribes, or negative sanctions such as intimidation and
coercion.

c) The manipulation of the voting act through the biasing of procedures for example,
the uneven implementation of the regulatory framework, the biasing of
administrative decisions in favour of one or more electoral competitors, and, of
course, outright fraud. This type of electoral manipulation is typically carried out
by electoral administrators as part of the electoral management process, though it

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may also be carried out by other branches of the state, as, for example, when the
police interfere in polling activities.

d) State capture. State capture involves privatization of the public sphere through the
exchange of economic for political power. We have seen private sector actors
(influential businessmen or business conglomerate) compete to control the state via
political parties or control over key actors such as the president, the ministers, the
mayors, city councillors etc. This they do by bankrolling campaigns for the
individuals or parties and seeking favours for their business dealings in return.
Through their immense economic power coupled with high poverty level in the
country, elections serve largely to rubber-stamp the supremacy of these business
magnates.

e) Ethnic loyalties/polarisation/allegiances

f) Party loyalties

g) Harassment of voters by rival groups

h) Incompetent election officials

i) Partisan election officials

j) Inaccessibility of some polling stations

k) Communication difficulties between the headquarters & polling station.

l) Illiteracy of some voters.

m) Gender discrimination

n) Corruption of candidates & their supporters.

o) Inefficient distribution of election materials.

p) Use of negative propaganda by party leaders/supporters

q) Insecurity & fear instilled in the candidates

r) Use & misuse of the mass media

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What role should the people play in ensuring elections are successful?

a) People should openly report all forms of manipulations that may lead to electoral
malpractices
b) People should seek voter knowledge so that they can vote with their minds and
convictions than with their “tummies”
c) People should work closely with electoral officers to ensure that each voter is
accorded necessary assistance needed in voting without undue influence that
would alter their true choice.
d) People have a lot of knowledge about things that happen before, during and after
elections; people should therefore work closely with the security agents by
reporting pre-election crimes, election malpractices and post election crimes.

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ON POLICE REFORMS:

What qualifications should the Inspector General and Deputy Inspector

General have?

a) Inspector General should be at least a graduate

b) He/she must have studied criminology and has administrative and managerial skills.
c) He/she must have served in the police or military for not less than 10 years
d) The Deputy Inspector General should be a High Court Judge or his equivalent, having
served in the bar for at least 10 years.
e) He/she must not have served in the Military or the Police before
f) They must be morally upright

What functions should be given to the Kenya Police Service and the
Administrative Police Service? What services do you expect from them?
Role of the Kenya Police:

• Maintain Law and order within towns, municipalities, upcountry and cities
• Detect and prevent crime
• Investigating cases
• Apprehension of offenders
• Protecting life and property

Role of Administration Police Service

• Maintain Law and order within towns, municipalities, upcountry and cities
• Detect and prevent crime
• Provision of border security
• Investigation of stock theft cases
• Guarding all government installations and VIP residence
• Protecting life and property

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Service we expect from police:

As members of the public we expect quality policing services by upholding and applying the
law firmly and fairly

We expect service to be corruption free, quick response in times of need (emergency), good
public relationship and a good approach from Police officers at all times

What should be the membership of the County Policing Authority and how
should members be nominated

Membership of the County Policing Authority should comprise of:

a) The Governor
b) The County Police Commander
c) The head of County intelligence
d) The head of County Directorate of Investigation Unit
e) County religious leaders (minimum 2)
f) Representative of the civil society

What are the functions of the county policing authority

a) Formulating and determining the County Policing policy

b) Setting and evaluating security and policing matters within the County level
c) Strategizing and setting of security and police policing matters
d) Ensuring policing accountability in the County level
e) Appointing and managing a County secretariat to carry out its mandate

What should be the functions of the community policing committees and

what should be their membership?
Functions:

a) To relate and work with the police

b) To provide or volunteer criminal information to the County Security Authority

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c) To facilitate the promotion of good relationship between the public and the police

d) Give peace and security reports (related to the county) to the county assembly

e) Receive commendations from members of the Public about exemplary police officers

f) Plan annual Roll of Honour for exemplary police officers at the County level and forward the
names of such officers to the National level for entry into the National “Police of the Year
Award” to motivate them

Membership:

a) Representatives of the political class

b) Representatives of the business community

c) Representatives from the civil society

d) Representatives from the religious groups

e) Representatives of the women

f) Representatives of the youth

g) Representatives of the county police

h) Representatives of the minority

i) Representative from the community elders

Should police be used for private use?

Yes! Police hire for private use should allowed only in line with the conditions and terms of
the government policy

How can the welfare of the police be improved?

a) There should be an improvement in the terms and conditions of service (increase in

salary and allowances as they provide basic service to the public)
b) A comprehensive medical cover for police officers and their families be put in place
as their work involves a lot of risk while on duty
c) Deployment of officers should be aligned to skills, talents and specialization

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d) Police standing orders should be reviewed to be in line with the New Constitution and
the new reform agenda
e) Provide officers with amenity wards in provincial and district hospitals
f) Improve and provide decent living houses
g) Promotion should be on merit
h) Improve training quality and facilities at the training college. This includes lengthened
training and inclusion of courses on Human rights and Public relations
i) Ballistic laboratories and forensic facilities be set up in each county in order to hasten
cases that investigative officers deal with
j) Quality Assurance Officers need to be recruited in order to check excesses of senior
officers especially with regard to misuse and mishandling of junior officers and
facilities under their command
k) The process of sacking a police officer should not be left to authority at the county
level. Just like hiring is a national process, sacking should also follow a similar
national process in order to stem malice and incorrect disciplinary action
l) Mass transfers should come after 3 years and the respective allowances be provided
on time – however where security situation deems it fit, mass transfers should be used
m) Counselling services should be provided at the County level in order to address the
frequent intra-police killings which have been attributed to work related stress
n) Common chaplaincy for the police officers should be established just like with the
military and Prison Services, this will work hand in hand with the Counselling
department and spiritual growth of officers and convicts in the remand and police
cells

How does a county police commander relate to the Governor if at all?

The Police Commander at the County Level should execute his mandate independently, we
therefore suggest that he should not be under the governor but should have cordial
relationship with the governor on policing matters.

The commander should be firm, fair and work within the law.

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Should the oversight authority branches be established; and at what level?

The Oversight Authorities should be established both at the County level and at the National
level.

How should complaints about the police be received and processed?

Complaints by and against the police should be received and processed by the Independent
Police Oversight Authority in the County level after having gone through the chain of
command at the station level.

If and when justice is seen not to have been done, there should be room for appeal for the
complaints to be heard and determined at the national level.

What kind of issues should be reported to the oversight authority? How do

people want the police to be organized, whether centrally or in a
devolved manner?

Issues to be reported to the oversight authority:

a) Persistent harassment of members of the public

b) Corruption
c) Engaging in criminal activities
d) Arbitrariness
e) Use of excessive force and abuse of power
f) *Extra judicial killings
g) Internal and external complaints by the police

NB:
Except for extra-judicial killings all these issues should only be reported to the oversight
authority once information has been given to the station level but not action seem to be taken
or justice seem to be delayed

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The police should be organised in devolved manner. Recruitment should be done at the
county level but posting should be done from the national level.

How should complaints against the police be handled, whether by a central

authority or in a decentralized manner?

Complaints against the police should first be handled through the police chain of command at
the station level after which they will be handled at the County level but there should be room
for appeal at the national level if and when it is presumed that justice has not been done

The authorities concerned should be fair and corruption free in undertaking the said
complaints and do justice to both parties

What should that authority be?

It should be the Independent Complaint Policing Oversight Authority

What should be done about previous police misconduct as part of the

implementation of the constitution?

All previous police misconduct must be investigated and dealt with in accordance with the
law

What role should the people play in helping the police perform their
duties?
a) People should respect law

b) People should volunteer information to the police on issues that endanger peace and
security

c) People should readily work with the police through community policing – more
dialogue between the police and the public is needed

d) People should maintain peace within themselves

e) People should commend officers who discharge their duties well so as to motivate
them and not just criticism only be levelled on the police

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f) Help in apprehending criminals (than hiding or obstructing their arrests)

g) Help in fighting corruption by not giving bribes and reporting corrupt officer to
relevant authorities

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Authors:

This presentation was researched on, compiled and prepared by:

1. Abdikadir Ismail
2. Asmahan Benji Lebeneiyo
3. Abdilatif John Bosco Losusui
4. Nimo Zahra Hussein
5. Abdillahi Medo
6. Zamzam Ismail
7. Ibrahim Nderitu Githiaka
8. Leila Gache
9. Hassan Abdi
10. Atir Hafza Auwe

On behalf of the Muslim Community, Samburu County

© SUPKEM Samburu Branch 2011