Trends Root Causes Consequences Prevention Mechanisms

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2 Trends Root Causes Consequences Prevention Mechanisms 2

3 The Problem Cyclic nature of incidents of election crimes and offences for more than two decades now. Kenyans appears not to have learnt lessons from previous elections General Elections marred with such incidents (note the188 petition cases) 3

4 SETTING SECURITY AGENDA Elected, ordained and appointed leaders talking together 53% Communities 40% Security apparatus 7% Crime incidence monitoring & reporting system (early warning) 60% Source: Director, National Crime Research Centre 1/18/2017 4

5 Democracy and good governance is both a means for and a product of good political elections. In turn, political leadership plays a pivotal role in all aspects of development However, election crimes and offences permeate electoral processes and continue to remain a serious challenge in many countries. 5

6 On a Monday Thabo comes to a Peace Committee in a South African township and says My neighbour Siswe beat me up on Friday night. I don t want to take this to the police and I don t want to fight with him. Can you help me? So the Peace Committee invites the two disputants and some thoughtful neighbours to a gathering a few days later. The disputants take it in turn to make their statements. Then Sizwe says, Yes I am sorry, I got drunk and lost my temper. But do you know why I was angry? Its because every time I or my children walk past your house, you insult and call us names! Yes I know says Thabo, But do you know why I ve been doing that? It s because your chicken keep scratching and messing in my little vegetable garden so there s no fresh spinach to feed my children. From: Where s the Chicken? By John Cartwright and Clifford Shearing Director, National Crime Research Centre 1/18/2017 6

7 It turns out that the assault problem came from a deeper root a chicken problem Assault solution police/charge/court/fine/jail bad feelings When the chicken emerges they could make a better plan for prevention (e.g. a fence for the chicken or the garden Director, National Crime Research Centre 1/18/2017 7

8 Available evidence show crime prevention reduces high cost of security and insecurity Security is a shared mandate of all persons living in Kenya First of test of security is vigilance and early warning Public safety is function of Public Service Over 20 Policing/ Security Agencies Article 189 of the Constitution, Section 54 of County Governmen Act & InterGovernmental Relations Act on work charter Director, National Crime Research Centre 1/18/2017 8

9 Election offences These are offences provided for in the Elections Act 2011: Offences relating to register of voters Offences relating to multiple registration as a voter Offences relating to voting Offences by members and staff of the IEBC Maintenance of secrecy at elections Personation Treating Undue influence Bribery Treating Violence and Intimidation of voters 9

10 Prevalence and Types of Election Crimes and Offences 1. Occurrence of election crimes and offences Election crimes and offences occurred in all the counties of the study as confirmed by 85.9% of the sample respondents. 10

11 Cross-tabulation of county and occurrence of election crimes and offences County Occurrence of election crimes and offences Total Yes No I don t know Nairobi 73 (96.1%) 3 (3.9%) 0 (0.0%) 76 (100.0%) Kirinyaga 40 (64.5%) 17 (27.4%) 5(8.1%) 62 (100.0%) Laikipia 43 (82.7%) 7(13.5%) 2 (3.8%) 52 (100.0%) Kitui 59(81.9%) 12 (16.7%) 1 (1.4%) 72 (100.0%) Nakuru 56 (76.7%) 13 (17.8%) 4 (5.5%) 73 (100.0%) Kericho 52 (89.7%) 6 (10.3%) 0 (0.0%) 58 (100.0%) Migori 40 (78.4%) 7 (13.7%) 4 (7.8%) 51 (100.0%) Siaya 49 (94.2%) 2 (3.8%) 1 (1.9%) 52 (100.0%) Kisumu 49 (92.5%) 4 (7.5%) 0 (0.0%) 53 (100.0%) Kakamega 65 (90.3%) 7 (9.7%) 0 (0.0%) 72 (100.0%) Bungoma 53 (89.8%) 5 (8.5%) 1 (1.7%) 59 (100.0%) Mombasa 56 (94.9%) 2 (3.4%) 1 (1.7%) 59 (100.0%) Kwale 48 (69.6%) 14 (20.3%) 7 (10.1%) 69 (100.0%) Tana River 47 (81.0%) 11 (19.0%) 0 (0.0%) 58 (100.0%) Marsabit 41 (77.4%) 9 (17.0%) 3 (5.7%) 53 (100.0%) Isiolo 40 (78.4%) 10 (19.6%) 1 (2.0%) 51 (100.0%) Uasin Gishu (Eldoret) 56 (88.9%) 4 (6.3%) 3 (4.8%) 63 (100.0%) Bomet 63 (98.4%) 1 (1.6%) 0 (0.0%) 64 (100.0%) Narok 67 (100.0%) 0 (0.0%) 0 (0.0%) 67 (100.0%) Garissa 53 (91.4%) 4 (6.9%) 1 (1.7%) 58 (100.0%) 1050 (85.9%) 138 (11.3%) 34 (2.8%) 1222 (100.0%) 11

12 2.Types of election crimes and offences Types of elections crimes and offences Frequency Percentage Bribery Voter/ballot fraud Hate speech Violence (Fighting) Voter intimidation Rigging of candidates during nominations Defacing of posters Provision of food, refreshments, fare reimbursement and rewards to supporters Destruction of property Use of violence Killings/murder Discrimination and/or being denied to vote (voter rights violations) Stealing of property Looting of property Compromised election officials (such as 34 Presiding Officers favouring some candidates)

13 Types of elections crimes and offences (Cont ) Frequency Percentage Assault Campaigning beyond IEBC given time Forceful displacement of populations (evictions) Giving of alcoholic drinks to people to interrupt campaigns Rape Character assassination Robbery Arson Burglary Unjustified use of public resources in campaigns (e.g, politicians use of public resources in campaigns) Unjustified use of national security organs (e.g, unjustified police shootings and arrests) Use of weapons by opponents

14 The crimes and offences listed in Table 3.3 above were further broadly classified following the categorization by the Elections Act

15 Perpetrators of election crimes and offences 15

16 Factors contributing to elections crimes and offences Factors contributing to elections Frequency Percentage crimes and offences Ethnic animosity, tribalism and clanism Poverty Unemployment among the youth Illiteracy among the electorate Incitement and rhetoric campaigns by politicians Corruption in politics Drug and substance abuse Selfishness in political leadership Lack of proper civic education and public awareness on civil rights Use of cash money in campaigns

17 Factors contributing to elections crimes and offences (Cont ) Frequency Percentage Poor electoral process Political fanatism Competition for resources Insecurity and inadequate national security apparatus Unequal distribution of national resources Perceptions of a stolen election Impunity among politicians Greed for power and large pay in political offices Poor governance Government interference in local politics Gender discrimination

18 Effects of election crimes and offences Effects of elections crimes and offences Frequency Percentage Loss and injury of human life Destruction and/or loss of property Violence, disturbed peace and fear among people Ethnic tensions and animosity/hatred/enmity Poor leadership and governance Interruption of businesses Forced migration, evictions and/or displacement of populations Poverty and hunger Increased criminal activities and insecurity (e.g, rape cases) Loss of faith in electoral process leading to voter apathy and not voting High cost of living Psycho-social problems (e.g, emotional torture) Disrupted education programmes Hatred among politicians Lack of trust and confidence in leaders Unemployment Civil/political rights violations Loss of land Lack of support to elected leaders Damage to infrastructure

19 Elections crimes and offences control measures 19

20 Players addressing election crimes and offences 20

21 Challenges faced in the control of election crimes and offences 21

22 Security Deployment presence of uniformed police or armed forces, or close supervision of voters' actions by administrative authorities, does not in and of itself influence or intimidate voters; consideration needs to be given to the costeffectiveness of a security presence inside voting stations as opposed to outside. Generally, having more mobile security forces stationed outside voting stations is more cost-effective. 22

23 Main role is to facilitate the exercise of the free franchise of the voter; At all times facilitate, do not unreasonably hinder the exercise of franchise; Understand the rights of the voter as spelt out in article 38 of the constitution; Maintaining law and order; Main person in charge of a polling station is the presiding officer; 23

24 Providing security to voters, election materials, election officials, persons and equipment lawfully within the polling stations; Apprehend those who commit election offences or interfere with the free exercise of the franchise of the voter; Liaise with the election officials on controlling the free movement of voters into the polling station 24

25 sweeping for explosive devices in and around the voting station before, during, or after voting; searches for and control of weapons; action against any voting station officials whose breaches of their code of conduct endangers public order or safety; closing down any unauthorized or phantom voting stations; when present, protection of safety and evacuation following disasters (fire, explosion, etc.) 25

26 if justified by risk analyses, maintaining site perimeter security during voting and the ballot count; For other tasks, security forces are generally better used as the back-up to voting station officials' actions. These would include: removal of aggressive, intoxicated, otherwise impaired, or unauthorized persons from the voting station who have refused to move at the request of voting station officials; 26

27 Establish and maintain linkages with the security coordinating centre; Constant communication with the command centre and the mobile response unit; Set up a reserve force to supplement election day security operations; Constant mobile surveillance of the voting centres. 27

28 1. Improve investigations. 2. Strengthen prosecution and sentencing of election crimes and offences. 3. Development of hate speech and hate crime jurisprudence. 4. Enforcement of zero-tolerance policy on electionrelated corruption. 5. IEBC, NPS, NIS, NCIC and NCRC to undertake advance mapping of election crimes and offences 28

29 6. Enhanced awareness creation forums for politicians, their supporters, party agents, the youth, voters and the general public on the importance of free, fair, transparent and crime and offence-free elections. 29

30 THANK YOU 30