1. Introduction

The National Anti-Corruption Campaign Steering Committee (NACCSC) is established vide Gazette Notice No. 6707 dated 19th September, 2014. It is mandated to undertake a nationwide public education, sensitization and awareness creation campaign aimed at effecting fundamental changes in the attitudes, behavior, practices and culture of Kenyans towards corruption. The campaign is mainly targeted at the members of the public to fully empower them fight corruption. Members are drawn from Government Ministries, Departments and Agencies, Faith Based Organizations, Women Organizations and the Private Sector.

As part of the discharge of its mandate, NACCSC strategically partnered with the Independent Electoral and Boundaries Commission (IEBC) and other stakeholders to ensure that the electoral processes resulted in a free, fair and credible election. On diverse dates in April 2017, IEBC was invited and participated in the anti-corruption radio campaign themed “Elections and Good Governance” transmitted through five radio stations on the topic “corruption and malpractices in the electoral process” reaching an estimated 18.1 million listeners weekly with messages that encouraged the voters to shun corruption in the elections.

The campaign sought to sensitize the voters to understand corruption, its types, manifestations, effects and actions that should be taken to fight and prevent the vice in the general election. The members of the public were also sensitized on the qualities of a leader of integrity, benefits of electing individuals that are not tainted by corruption, the corruption-prone areas and corrupt practices in the electoral process and their individual and collective role in ensuring the elections are credible and devoid of corruption.

The 8th August General Election was declared null and void by the Supreme Court on 1st September, 2017 due to irregularities and illegalities resulting from malpractices. This therefore, led to organization of a fresh Presidential Election on the 26th October, 2017.

2. Background to the Monitoring Exercise

NACCSC undertakes studies and research to gather information on corruption to inform the campaign and advocacy activities. To generate empirical data on corruption issues related to the electioneering process, NACCSC sought and was accredited by the Independent Electoral and Boundaries Commission (IEBC) for its Members, Secretariat Staff and the Regional Anti-Corruption Coordinators to monitor the fresh Presidential Election which was held on 26th October, 2017. Unlike the General Election held on the 8th August 2017 in which NACCSC was accredited by IEBC to observe the Elections, in the just held fresh Presidential election, NACCSC, by virtue of its mandate was accredited to conduct monitoring and thus, in addition to observation, the Committee was authorized to take appropriate action where necessary, in case of any incidences encountered, strictly adhering to Guidelines and Code of Ethics for Election Monitors provided by an IEBC Official during the training conducted on 19th October, 2017.

Twelve (12) NACCSC Members, five Senior Secretariat Staff and three Regional Anti-Corruption Coordinators participated in the Presidential Election Monitoring Exercise that began on 25th October and ended on 28th October 2017. The monitoring period covered pre- polling, polling and post polling day.

3. Objectives
The Objectives of the monitoring exercise were to:-
• Monitor the Fresh Presidential Election process and gather information for objective evaluation of the electoral process.
• Identify any forms of malpractices and corruption in the electoral process for purposes of informing the development of future strategies for civic education and the awareness campaign against corruption.
• Generate empirical data to inform policy and continuous improvement in the Anti-Corruption Campaign and Advocacy activities
• Collate and analyze the Fresh Presidential Election report, determine the trends and variances and make recommendations.

4. Justification
Corrupt practices and various forms of electoral malpractices in the past have been perceived to erode integrity and credibility of the electoral process. Accordingly NACCSC having the mandate to cause fundamental changes in the attitudes, behavior, practices and culture of Kenyans towards corruption will be looked upon to provide intervention measures in terms of public education to curb incidents of corrupt practices during successive General Elections. There is also need to generate empirical data based on practical experience and actual observations during the Presidential Election. Findings on corrupt practices/malpractices observed during the electioneering period will be analyzed and documented for purposes of formulation of civic/voter education and integration of advocacy activities for use by NACCSC and other Stakeholders.

5. Findings and Recommendations

A. PRE-POLLING

1. Supply of Election Materials
It was evident in most of the stations that NACCSC monitored, that IEBC ensured timely procurement of election materials, equipment and services. Before the polling day the non strategic materials had arrived in most Constituency IEBC offices and on 25th October 2017, strategic election materials had been dispatched to all Constituencies and were being kept in warehouses/stores (mostly schools and IEBC offices and strong rooms mainly in learning institutions) within the constituencies/wards and were well guarded by the security personnel. However, it was noted in some polling stations that there were late delivery of the strategic materials that resulted to lateness in the opening of some polling stations as was the case in Doonholm Primary, Embakasi Social Hall, Embakasi Primary, Makongeni, Kangemi, Kibera, and St. Charles Lwanga in Lang’ata. Most of the materials, according to the IEBC officers, in terms of quality were satisfactory except for a few items like the ballot boxes, polling booths and envelopes which were not of good quality because the ballot lids easily broke with no replacement whilst the envelopes were not water proof and the booths were not quite stable. The transport services were sourced by County Election Managers through competitive bidding. All polling stations visited had a copy of registered voters posted at the door/entrance of each polling station.

2. Voter and Civic Education
In most of the stations that were visited there were indications that civic and voter education, though carried out majorly via print and electronic media, was inadequate. Civic education mainly focused on peaceful elections and the voting procedure. Scheduled trainings by the IEBC Civic educators in every ward were reportedly insufficient and basically the education and awareness that voters got was from the peace campaigns. Other modes of Civic Education were reportedly addresses to Church gatherings and community group meetings by community workers from the Civil Society groups. The local administrative structure (National Government through Ministry of Interior and Coordination of National Government) and other key stakeholders were not involved in the civic education, although they were engaged in the mobilization of citizens.

3. Recruitment and Training of Presiding, Deputy Presiding Officers and Polling Clerks
It was clear that the positions (Presiding Officers (POs) and Deputy Presiding Officers (DPOs)) were advertised by IEBC through the local dailies and the media and ample time was provided for interested persons to apply online. The selection process was fair and quite transparent, according to some of the candidates. Names of those who had been recruited as election officials were posted at the IEBC offices and at the gates of institutions where the trainings were being undertaken for all to see and check. It was however reported that some of the Election officials who conducted the General Election on 8th August, 2017 were recalled to conduct the fresh Presidential Election. Training of Presiding Officers and Deputy Presiding Officers went on well and the training for Returning Officers and their Deputies was undertaken in Nairobi City to facilitate uniformity in conveyance of information. This time the IEBC was clear on the exact number of clerks required by virtue of being a Presidential Election unlike the General Election which presented some uncertainties in the recruitment and training process. It was however unfortunate that some polling clerks pulled out the last minute due to uncertainties and insecurities perceived as was the case in Kibra, Lang’ata, Makadara, Westlands, Mathare and Embakasi East in Nairobi City County.

4. Campaigns
Campaign rallies/forums were generally peaceful and members of the public had the freedom to attend without intimidation, coercion or violence. The Presidential aspirants moved freely articulating their policies and manifestos to the voters. Political rallies were the major form of campaigns, this being a Presidential Election. Others were reportedly door-to-door campaigns, reaching the public within markets and local leaders campaigning for their Presidential aspirants of choice. All campaign functions were provided with security and the media were free to cover the events, with majority reportedly remaining impartial. However some cases of media partiality were reported in some areas while some Presidential Aspirants were allegedly not given coverage. Religious Organizations, Civil Society Organizations, Peace Committees and Media Houses both mainstream and Local FM stations came out strongly in preaching and mainstreaming peace and unity during the campaign period. Members of the public who attended the campaigns were provided with T-shirts, Lesos, Caps and motorbike reflector jackets.

5. Corruption Issues
NACCSC monitors reported some incidences of alleged voter bribery in some areas in form of dishing out of money, distribution of food stuffs and clothing materials, mostly during the door to door campaigns especially in areas where it was perceived citizens were not enthusiastic to participate in the Fresh Presidential Election. It was also noted with that the public are not aware of the corruption offences in the electoral process and how they could report the cases. Some areas such as in Taita Taveta County, cases of voter intimidation were reported.

B. POLLING PERIOD

1. Election Materials
Ballot boxes color coded white, ballot papers with the eight Presidential aspirants and seals and envelopes were provided in all the polling stations sampled, although in some polling stations the items were delivered on the polling day resulting to lateness in the opening of the stations as indicated above in the findings under the supply of election materials. Rubber stamps, indelible ink and KIEMs tablets were tested and confirmed in working order and were available in all the polling stations. The personnel confirmed having been fully trained on the use of KIEMs. Each presiding officer was responsible for ensuring that all the materials required were delivered and adequate polling clerks had rehearsed and an oath of secrecy/integrity administered to all officials in the polls.

It was also noted, with concern, that there were missing registers in some polling stations such as in Multimedia University and some polling stations manually crossed the register once a voter was identified because the Forms 32A provided by the IEBC were not sufficient as was the case in Starehe.

2. Polling Stations Layout and Voting Process
The Polling stations lay out were well arranged and suitably organized ready for polling. Designated sitting area for observers, party agents and the media was provided. Most of the polling stations opened and closed at the designated times of 6.00am and 5.00pm which was commendable. None of the voters who was in the centre at the closure was denied voting. Those that opened slightly late compensated for lost time after closure at 5.00pm. Voter turnout was generally low in some areas and the queues were notably short, with the voting process taking as short as a minute or two unlike during the General Election. In some areas, it was very clear that no voting took place as was in the case of Kibra. The voting area in all the stations monitored was free of campaign signs and posters.

Voters were calm through out the voting process. The identification of voters was transparent and the special categories of voters provided with special voting provisions. The colour of the boxes and ballot papers were easily distinguished because this was only one election. There were reported incidences of violence and voter bribery in some areas as was in the case in Makongeni, Upper Savannah, Nairobi West, Kibra, Kilifi South (Casaba, Maracay, Juju, Teeny) and Mombasa (Shimo-la-Tewa, Mtwapa). Voters whose details could not be found in the KIEMs kit were identified using Alphanumeric (supervisor’s validation). Two booths per station were adequate for the Presidential Election. Agents of various aspirants were present majorly from Jubilee party and were well accommodated within the polling stations. Notably in most polling stations visited there were very few or no Observers.

Most voters left the polling station immediately after voting apart from agents who remained behind to witness the counting of the ballots. The IEBC officials adhered to the voting process at the polling stations and demonstrated a lot of commitment.

C. POST POLLING

1. Counting and Tallying
The counting of votes was transparent and seals were broken in full view of the candidates’ agents, local observers and monitors. The presiding officers gathered all the agents and in their presence opened the ballot boxes. All the spoilt and rejected votes were displayed and a consensus reached. Once agreed upon, the votes were counted and party agents, together with the presiding officer signed all the forms after announcing of the results and resealing all the boxes. The results were transmitted in accordance with laid down procedures and IEBC rules and regulations i.e. electronically, to the tallying centres by the Presiding Officers. Elections officials were not harassed or intimidated by the party agents. It was however noted in some areas that presiding officers consulted each other on how to transmit the results using the KIEMs kits. Some NACCSC Monitors witnessed the tallying of the results at the National Tallying Centre, Bomas of Kenya, and the process was reportedly open and transparent and without any hitches.

2. Security
Security personnel were visible and on high alert and were not intimidating. Their presence in the entire polling period was appreciated in some areas while in some areas that had boycotted the elections not appreciated due to the anxiety caused on the anticipation of Presidential election boycott as was the case in the areas mentioned above. Tension was high throughout the voting process and after declaration of results as was the case in Voi and Mwatate in Taita Taveta County and some areas in Nairobi City County.

On the overall, IEBC put in place detailed transparent processes for voting, counting, tallying and announcement of the results which is commendable.

6. Summary of Issues/Challenges

a) Civic and voter education drive were found to be inadequate
b) Recruitment and training of election officials, although conducted early enough and centrally, there was a general discontent from the public on the re-calling of some of the Election officials who conducted the 8th August, 2017 General Election as was the case in Embakasi East, Embakasi South, Kamukunji and Starehe in Nairobi City County. This portrayed an integrity issue on the credibility of the process.
c) The quality of the brown envelopes, ballot boxes and indelible ink were very poor. In addition, the brown envelopes lacked the waterproof capability and the ballot boxes were easily broken as monitored in Muguga Green Primary, Karura and Embakasi East unlike what was observed in the 2017 General Election
d) The method of campaigning door-to-door constitutes fertile ground for corrupt practices to thrive
e) Although IEBC improved as compared to the General Election in terms of provision of a suitable working environment for election officials, the sanitation facilities in some polling stations especially in public primary schools were deplorable resulting to inconveniences to the Election officials.

7. Recommendations

a) In order for civic and voter education, including simulations to inform/feed into the actual polling day election process, they should take place 6 to 12 months earlier to allow feedback.
b) IEBC should enhance the transparency process of recruiting election officials
c) IEBC to provide good quality election materials such as envelopes, ballot boxes and indelible ink
e) IEBC considers partnering with NACCSC to develop and implement civic and voter education that will include awareness creation to address corruption and the effect it has on elections and the electoral process
f) IEBC should improve on its provisions of sanitation facilities for Election Officials.

8. Conclusion
The Fresh Presidential Election process was monitored and found to be generally free, fair and credible after IEBC corrected the irregularities and illegalities that led to the nullification of the General Election. Where disputes arose, petitions were filed with the Supreme Court.