U.S. Embassy Statement on the Bomachoge and Shinyalu By-Elections
August 28, 2009
The United States congratulates the voters in Bomachoge and Shinyalu, and the Interim Independent Election Commission (IIEC), for the peaceful holding of the by-elections on August 27, 2009. The IIEC conducted the elections in a credible and transparent manner. The voting and tabulation process were procedurally free and fair, and were witnessed and agreed to by party agents.
The electoral process was, however, marred by improper and illegal “old school” political activities intended to unduly influence the electoral outcome. U.S. election observers found ample indication that some political candidates and their parties engaged in the purchase of voter cards before the election, bribery of voters during the election, and in Shinyalu, supporters of one candidate reportedly held oathing ceremonies to intimidate voters. Some of these improper and illegal activities took place in close proximity to polling places. Agents from ODM, PNU, and KADDU all participated in bribery, according to numerous sources and events witnessed by U.S. observers.
When possible, U.S. observers called these illegal activities to the attention of the police. We commend the police for taking action in response to these and other reports. We urge that improper and illegal activities be thoroughly investigated and those responsible be prosecuted. We will turn over to relevant authorities specific information obtained by the U.S. observers.
The by-elections process revealed a number of issues which should be addressed in order to further improve the efficiency and fairness of the voting process. There were reports that in isolated instances presiding officers assisted illiterate voters to vote without the presence of party agents. The most significant procedural problem observed by the U.S. Embassy were cases in which voters who held newly issued voter cards, but whose names did not appear on the register, were not allowed to vote. Although the returning officers instructed that the missing names be checked against the master register and the individual permitted to vote if the name was found, this did not resolve the problem for all of the individuals in question. However, initial observations are that this problem was not extensive enough to influence the outcome of the result.
We are encouraged by the IIEC’s professional conduct of the vote in Bomachoge and Shinyalu. However, we are deeply concerned that the by-elections revealed that some politicians continue to act in ways which reflect the culture of impunity. Such conduct is unacceptable to the Kenyan people and to the international community, and those responsible must be held accountable.