The African Commission on Human and Peoples’ Rights (the African Commission) has been following, particularly through its Country Rapporteur for Kenya, the processes relating to the general elections in the Republic of Kenya that took place on 08 August 2017.
The African Commission welcomes the peaceful and orderly conduct of the casting of votes on election date and commends the people of Kenya for their enthusiastic and orderly participation in casting their votes.
The African Commission is however concerned about reports of statements and actions that may interfere with the processing of the votes or which cast doubt on the process. The African Commission is further concerned about the reports of confrontations between the police and protestors, in particular in the city of Kisumu and the resultant death of two people.
As a fundamental right of citizens guaranteed under Article 13 of the African Charter on Human and Peoples’ Rights (African Charter) and a principal means for exercising the right of peoples to self-determination under Article 20 of the African Charter, the Commission affirms that free and fair elections legally oblige all political actors to abide by and respect the legally established processes at all stages of the election.
The African Commission:
1. Urges the Independent Electoral and Boundaries Commission (IEBC) to process the tallying of votes with transparency and integrity and in strict compliance with the legally established requirements, including the publication of the original forms 34A.
2. Appeals to all political actors and other sections of the public to avoid statements or any acts of violence that may further fuel the tension;
3. Urges all political parties and candidates to respect the election laws and regulations and use the legal process established for resolving any disputes relating to the election processes; and
4. Calls on the people of Kenya to remain calm and allow the electoral process to take its legally established course without resorting to violence.
The African Commission wishes to remind all state bodies with responsibilities for the peaceful, free, fair and credible conduct of all processes of the elections particularly the IEBC, the judiciary and law enforcement agencies that they should discharge their responsibilities with strict compliance with applicable rules and utmost integrity and transparency.
Honourable Commissioner Solomon Ayele Dersso, Commissioner Rapporteur for the Republic of Kenya
Dakar, 10 August 2017?
