Squandered Opportunities – The October 2017 Fresh Presidential Election

In October 2017, Kenyans went to the polls for the second time in three months. It was a unique historical moment, the result of the Kenyan Supreme Court’s nullification of the August 2017 presidential election results. The fresh election was a rare chance, an opportunity for the Independent Electoral and Boundaries Commission (IEBC) to quickly respond to criticisms and demonstrate its ability to directly address the Supreme Court’s judgment. Unfortunately, the lead-up to Election Day was marked by significant chaos and instability. By the time polling stations opened, one IEBC commissioner had fled the country in fear for her life, violence had claimed dozens of lives, and presidential candidate Raila Odinga had withdrawn from the election. Despite the IEBC Chair’s
public expression of doubt about his ability to oversee a credible election, the polls proceeded as scheduled.

As in previous elections, Kenyan civil society played a key role as watchdog and public advocate for reforms. In 2017, the Kura Yangu Sauti Yangu (KYSY) coalition led election-related analysis throughout the cycle, identifying and analyzing key vulnerabilities. In the aftermath of the fresh presidential election, which was marked by continued violence and many of the same irregularities and illegalities that had marred the August polls, KYSY filed a petition in the Supreme Court. This petition, which alleged that the IEBC had failed to administer the election in line with constitutional
standards, was also a way for civil society to talk to the public and inform the Kenyan people about why electoral integrity was at risk.

In this report, KYSY presents findings from its election-related analysis. This analysis demonstrates state institutions’ failure to address the multiple issues raised in the Supreme Court judgment and identifies the ways in which Kenyan elections continue to struggle with longstanding, unresolved problems.

Squandered Opportunities_The October 2017 Presidential Elections_Final