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Below is NDI's first post-election statement on Kenya that was released
today.

Best regards,

Ken


Kenneth Wollack
President
National Democratic Institute
455 Massachusetts Ave., NW, 8th Floor
Washington, DC 20001
202-728-5500 (Tel)
888-875-2887 (Fax)
email: ken@ndi.org
website: www.ndi.org


*FIRST POST-ELECTION STATEMENT OF THE*

*NATIONAL DEMOCRATIC INSTITUTE*

*ON KENYA’S AUGUST 8, 2017, ELECTION PROCESS*

* August 16, 2017*


Immediate Post-Election Recommendations: NDI’s International Election
Observation Mission (IEOM) calls on:


· Kenya’s electoral authorities to immediately complete its release
of presidential election results forms;

· Political leaders to ensure peaceful political action concerning
the elections;

· Security forces to respect the right to life and peaceful assembly
as they secure public order;

· The Government of Kenya to ensure respect for freedom of political
expression in the media and civil society; and the

· Courts to provide a full, fair and independent review of all
election challenges that may be filed.


NDI’s August 10 Preliminary Statement
<https://www.ndi.org/sites/default/files/NDI%20Election%20Statement%20-%20Kenya%20-%208%20August%202017%20-%20final%20version%203.pdf>
offered 14 recommendations. Among other things, it called on the
Independent Electoral and Boundaries Commission (IEBC) to make timely
available to the public copies of all Forms 34A and 34B, which would allow
candidates to compare copies of the forms provided to their agents at
polling stations with the IEBC’s records in order to confirm data and/or
identify inconsistencies. The IEBC has not completed that publication. This
is an even more urgent matter in light the seven-day time limit to file
legal challenges concerning the announcement of the presidential election
result. That deadline is Friday, August 18. Those forms report the results
recorded at polling stations (Form 34A) and the consolidated results from
the 290 constituency tallying centers (Form 34B) and are vital to public
confidence in the election process. Open electoral data practices include
making the forms available in an easily analyzable format.


NDI abhors the loss of life following the announcement of the presidential
election result, including the deaths of at least two children. While
political leaders must take all possible measures to maintain peaceful
political expression, including any peaceful protests, security forces must
do everything possible to protect lives and not use excessive force in
responding to incidents. There should be a full public account of all
election related deaths.


NASA has announced its intention to legally challenge the IEBC’s
presidential election result. The Supreme Court will have 14 days to rule
on the challenge, and NASA has said that it may organize peaceful vigils
and other assemblies during that time. The government and security forces
will have a heavy responsibility to respect the right to peaceful assembly
and expression, as well as the right to life, as appropriate actions are
taken to protect public order. Organizers and participants in such
assemblies will have a heavy responsibility to ensure that expression
remains peaceful.


NDI also notes that the Cabinet Secretary for the Ministry of Interior
froze the post-election revocation of the registration rights of the Kenya
Human Rights Commission (KHRC) and orders to close the Africa Centre for
Open Governance (AfriCOG), both prominent Kenyan NGOs. Their rights of free
expression should be protected. The ability of civil society, religious
leaders and the media to provide points of view and to provide credible
information to the public is vital to democracy and electoral integrity
particularly in light of incidents of fake news and other disinformation
during the pre-election period.


In the next two-weeks public attention will focus on the Supreme Court of
Kenya as it processes the likely legal challenge of the IEBC’s presidential
election result. All political actors should respect the independence of
the Court and refrain from pressuring it in public or privately. The Court
has its constitutional duty to provide a full, fair and independent hearing
and to render its judgment based on the rule of law for the benefit of the
people of Kenya. Accordingly, the Court’s judgment should be respected by
all parties.


NDI will continue to monitor the post-election process and will issue
further statements if necessary. The Institute restates its longstanding
principle that NDI does not seek to interfere in the August 8 elections and
recognizes that it is the people of Kenya who ultimately will evaluate the
integrity of their elections