Kenyan general election, 2013

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Kenyan general election, 2013

4 March 2013

Incumbent President Mwai Kibaki PNU

General elections were held in Kenya on 4 March 2013,^[1] electing the President, Senators, County Governors, Members of Parliament for the 290 electoral constituencies, Civic Wards and Women County Representatives. They were the first elections held under the new constitution, which was passed during the 2010 referendum. They were the first general elections run by Kenya's Independent Electoral and Boundaries Commission (IEBC).

Dates

Election date

Originally the dates of 14 August 2012 or December 2012 were planned for the election, depending on a court ruling to be issued. The court ruled that presidential and parliamentary elections should be held in March 2013.^[2]

The setting of this date also resulted in the resignation in September 2012 of several civil servants who wished to join politics as required by the elections Act^[3]

Election schedule

On 28 December 2012, the Independent Electoral and Boundaries Commission announced the Notice of General Elections which confirmed the following:^[4]

General dates

• General Election: 4 March 2013
• Party Nomination Deadline: 18 January 2013
• Submission of nominees of party lists for Nominated Positions: 31 January 2013

The IEBC also indicate that disputes relating to or arising from nominations will be determined within seven days of the lodging of the dispute with the Commission.

Dates for submission of nomination papers

The allowed time for the submission is to be between eight o’clock in the morning and one o’clock in the afternoon and between the hours of two o’clock and four o’clock in the afternoon.

Legislation and rules

IEBC

The IEBC in its Notice of General Election Cited the following Legislation as key to governing the process:^[4]

• Provisions of Part III-X of the Election (General) Regulations on the Presidential, Parliamentary and County Assembly Elections (Subsidiary Legislation)
• First Schedule to the Leadership and Integrity Act No. 19 of 2012
• Chapter Six of the Constitution of Kenya.
• Electoral Code of Conduct set out in the Second Schedule to the Election Act with emphasis on:
  • Applicability to every political party and person participating in the election
  • Penalties imposed (PART VI of the Elections Act (No.24 of 2011)
  • Disqualifications imposed thereof and under the Constitution of Kenya.

Supreme Court

On 13 January, the Judiciary indicated it would hear and determine within two weeks disputes on Presidential Election results. The Judiciary Working Committee on Election Preparations (JWCEP) announced that election petitions would be certified urgent.^[5] These rules were developed in pursuance of Article 163(8) of the constitution which mandates the Supreme Court to make rules for the exercise of its exclusive jurisdiction of hearing presidential election petition.^[6]

Voter registration

Voter registration ran from 19 November 2012 for 30 days.^[7][8] Problems were reported during the first few days of the registration exercise included availability of electricity, military operations in some areas and logistical challenges caused by rains.^[9] Another subsequent challenge was the inability to register prospective voters who were still awaiting issuance of their formal identity documents by the government.^[10]

Diaspora voters

On 27 November, the government announced that due to time and logistics constraints there would be no attempts to register Kenyan voters in the diaspora.^[11] The IEBC later announced a decision to register Kenyan diaspora voters living within the East African Community Countries.^[12] The ten-day exercise concluded on 25 December 2012 with low turnout attributed to "logistical challenges". The IEBC estimate was that about 1,700 people registered.^[13]

BVR kits

Voter registration was carried out using Biometric Voter Registration (BVR) Kits which would reduce certain incidents of fraud.^[14] The purchase of the BVR Kits was financed through a loan from Standard Chartered Kenya in a government-to-government deal involving Kenya and Canada made cheaper by a guarantee from the Canadian government. The Canadian government arranged to have its fully owned parastatal, Canadian Commercial Corporation (CCC), sign a contract with the Independent Electoral and Boundaries Commission (IEBC).^[15]

Registration deadline

A case was filed in court seeking to extend the voter registration period arguing that Section 5(1) of the Elections Act was in conflict with the Constitution to the extent that it limited continuous registration of voters.^[16] The courts however declined request to extend the deadline^[17]

Registered voter numbers

After the 18 December deadline, the IEBC released the provisional voter numbers showing a registered base of 14.3 million voters. The IEBC indicated that they had missed their target of 18 million voters citing voter apathy as one of reasons for this.^[18] The IEBC begun an exercise to clean up the voters’ roll with a target of opening it for verification early January 2013.^[19]

Register verification

On 13 January 2013 IEBC opened its voter register for inspection. Voters were to verify their details before 26 January to enable the commission clean the register ahead of the poll. The options include visiting respective registration centers, the IEBC website or the use of mobile phone numbers via an SMS service (using National Identity Card or Passport numbers used during registration).^[20]

The IEBC announced on 23 February 2013 that it had has removed 20,000 voters who had registered more than once from the voter roll. The names were identified during continuing activities to clean up the register. ^[21]

Political party activities

Coalitions and alliances

The law required all Kenyan political parties to register any coalition agreements with the Registrar of Political Parties by 4 December 2012. This resulted in several publicized discussions among key political players and their respective parties who aimed to form pre-election coalitions prior to the deadline. Another likely effect of the agreements was a reduction in the number of prospective candidates.^[22] Four coalitions formed by the deadline include:

• The Coalition for Reforms and Democracy: ODM, Wiper Party, Ford-Kenya and the Federal Party of Kenya ^[23]
• The Jubilee Alliance: TNA, URP and UDF Parties.^[24] UDF later left the coalition.^[25] Machel Waikenda was the director of communications and secretary of arts and entertainment of the National Alliance, from April 2012 to August 2013 and he led the media and communications department of the party during the 2013 elections.^[26]
• Eagle Alliance: KNC and POA Parties^[27]
• Pambazuka Coalition: New FORD Kenya, National Vision Party, Federal Party of Kenya and KADDU Parties.^[28] The coalition collapsed on 29 December 2012.^[29]
• Amani Coalition: UDF, New Ford Kenya and KANU Parties (formed after the UDF exit from the Jubilee Coalition.^[30]

Nominations

Dates

The release of the calendar resulted in several parties opting to hold their nominations on 17 January 2013.^[31] The IEBC proposed public school shut down on 17 January 2013, as the schools would be the venue for a significant number of nomination activities across the country.^[32] The Government confirmed that public schools would not open on 17 January 2013.^[33] The government would later announce that Public primary schools would for the second day (18 January 2013) remain closed to allow party primaries to continue.^[34] On 19 January the IEBC indicated that political aspirants who lost during respective party primaries are not allowed to defect and seek tickets on other parties after Midnight on 18 January 2013. By law, political parties were expected to nominate their candidates for an election at least 45 days before.^[35]

Chaos

While other parties and coalitions held their nominations early, the Jubilee, Amani and CORD coalitions chose to hold country wide their nominations 2 days before the deadline. These were marked with disorganization and chaos with protests arising in Nairobi, Nyanza and Central provinces.^[36][37]

IEBC Dispute Resolution Committee

Further acrimony arose over issuance of certificates by political parties,with over 200 complaints filed with the IEBC disputes and Resolution panel^[38] The committee consisted of 4 IEBC Commissioners and one official from the Director of Public Prosecutions office. The members were: ^[39]

• Thomas Letangule – Chair of the Committee
• Yusuf Nzimbo
• Mohammed Alawi
• Kule Godana Galma
• Betty Sungura – Director of Public Prosecution (DPP) Secretary

The committee held its sittings at the Milimani Law Courts in Nairobi. Complaints raised included issuing of certificates not losers, nepotism and discrimination.^[40] The committee had seven days to complete the arbitration process with those dissatisfied with the tribunal's decision asked to lodge their cases with the High Court.^[41] The panel eventually announced 3 days of hearings.^[42]

The Panel completed its work on 28 January 2013 dismissing 64 out of 207 petitions following failure by complainants to attend. 29 applications did not need determination as Political parties conceded to the complaints. ^[43]

Violence and unrest

In mid-August 2012, tribal conflict led to the highest death toll through deliberate killings since the last election. Though the specific instance had no clear motive, past clashes have occurred due to the alleged misuse of land and water resources, however this instance was reportedly larger in scale and intensity. Speculation was made of links to the election amid an increase in political tensions.^[44]

During and in the aftermath of the political party nominations held between 17 and 18 January 2013 unrest was seen in several parts of the country most notably in Nairobi, Nyanza and Central Provinces^[36][37]

The 2013 election was largely peaceful other than an incident in the early hours of 4 Mar just before polls opened where a gang killed at least six police officers in the region of Changamwe, Mombasa.^[45][46] and in Kwale county. The authorities immediately blamed the Mombasa Republican Council (a fringe separatist group that had opposed the elections and believes that Kenya’s coastal zone should be a separate country) and arrested some of its members over the incident.^[47] Nevertheless, turnout in the affected counties was still high.

Cost

The election was expected to cost significantly more than previous elections with estimates of Ksh 24 Billion compared to the Ksh 8 Billion spent on the 2007 election by the Electoral Commission of Kenya (ECK).^[48]

Elections

On 18 July 2013 released final result of all election^[49]

Also Included was registered Voters

President

Due to the terms of the new constitution, it could also be the first presidential election in Kenya where presidential candidates face a second round run-off between the first and the second if no-one achieves an absolute majority of more than half the votes cast in the first round as well as 25% of the votes in at least 24 counties.^[50][51]

The first round of the presidential election took place on 4 March 2013. Uhuru Kenyatta was declared the president-elect of Kenya by the Independent Electoral and Boundaries Commission. Raila Odinga challenged this in the Supreme Court of Kenya.His petition challenging the results was dismissed on March 30, 2013.

The results of the Presidential election were as follows:

^[52]

Senate

The senate elections, also the first in the country's history under the new constitution will be held for all 47 counties on 4 March 2013

The race produced 244 candidates.^[53] The race winded up peacefully

National Assembly

The national elections will involve the election members of parliament to represent the 290 constituencies and 47 women representatives for each of the 47 counties

The race produced 2098 candidates.^[53]

Gubernatorial

The 2013 general election will be the first where there would be election of County governors and their deputies for the 47 newly created counties.

The race produced 237 candidates.^[53]

Women Representative

The 2013 general election was the first where there was election of County women representatives who would become legislators in the parliament. They would be elected from 47 newly created counties.

The race produced 303 candidates.^[53]

County Assembly

Each county further divided into wards as defined by the IEBC electoral map will hold elections for county representatives.

The race produced 9885 candidates.^[53]

References

Elections and referendums in Kenya Presidential elections 1992 1997 2002 2007 2013 Parliamentary elections 1920 1924 1927 1931 1934 1938 1944 1948 1952 1956 1957 1961 1963 1966 1969 1974 1979 1983 1988 1992 1997 2002 2007 2013 Gubernatorial elections 2013 County elections 2013 Referendums 2005 2010

(←2007)  2013 Kenyan general elections   (2018 →) President 2013 Kenya Presidential Election County Governors Baringo Bomet Bungoma Busia Elgeyo Marakwet Embu Garissa Homa Bay Isiolo Kajiado Kakamega Kericho Kiambu Kilifi Kirinyaga Kisii Kisumu Kitui Kwale Laikipia Lamu Machakos Makueni Mandera Marsabit Meru Migori Mombasa Murang'a Nairobi Nakuru Nandi Narok Nyamira Nyandarua Nyeri Samburu Siaya Taita Taveta Tana River Tharaka-Nithi Trans Nzoia Turkana Uasin Gishu Vihiga Wajir West Pokot Kenyan Senate Baringo Bomet Bungoma Busia Elgeyo Marakwet Embu Garissa Homa Bay Isiolo Kajiado Kakamega Kericho Kiambu Kilifi Kirinyaga Kisii Kisumu Kitui Kwale Laikipia Lamu Machakos Makueni Mandera Marsabit Meru Migori Mombasa Murang'a Nairobi Nakuru Nandi Narok Nyamira Nyandarua Nyeri Samburu Siaya Taita Taveta Tana River Tharaka-Nithi Trans Nzoia Turkana Uasin Gishu Vihiga Wajir West Pokot National Assembly Baringo Bomet Bungoma Busia Elgeyo Marakwet Embu Garissa Homa Bay Isiolo Kajiado Kakamega Kericho Kiambu Kilifi Kirinyaga Kisii Kisumu Kitui Kwale Laikipia Lamu Machakos Makueni Mandera Marsabit Meru Migori Mombasa Murang'a Nairobi Nakuru Nandi Narok Nyamira Nyandarua Nyeri Samburu Siaya Taita Taveta Tana River Tharaka-Nithi Trans Nzoia Turkana Uasin Gishu Vihiga Wajir West Pokot County Assemblies Baringo Bomet Bungoma Busia Elgeyo Marakwet Embu Garissa Homa Bay Isiolo Kajiado Kakamega Kericho Kiambu Kilifi Kirinyaga Kisii Kisumu Kitui Kwale Laikipia Lamu Machakos Makueni Mandera Marsabit Meru Migori Mombasa Murang'a Nairobi Nakuru Nandi Narok Nyamira Nyandarua Nyeri Samburu Siaya Taita Taveta Tana River Tharaka-Nithi Trans Nzoia Turkana Uasin Gishu Vihiga Wajir West Pokot