Following the 2007 disputed presidential elections that triggered post election violence on a magnitude never seen before, the Kenya national Dialogue and Reconciliation team under the chairmanship of His Excellency Kofi Annan pressed for the need of constitutional, institutional and legal reforms under agenda four.

In effect, the Electoral Commission of Kenya led by Samuel Kivuitu was disbanded and the Independent Interim Electoral Commission (IIEC) was created by the Constitution of Kenya (Amendment) Act 2008. The commission is charged with mandate of:

• Reforming the electoral process and the management of elections in order to institutionalize free and fair elections
• Establishing an efficient and effective secretariat
• Promoting free and fair elections
• Fresh registration of voters and the creation of a new voters’ register
• Efficiently conducting and supervising of elections and referenda
• Developing a modern system of collection, collation, transmission, and tallying of electoral data
• Facilitating the observation, monitoring and evaluation of elections and referenda
• Promoting voter education and culture of democracy
• Settling minor electoral disputes during an election as may be provided by law
• Performance of such other functions as may be prescribed by law.

The nine-member Commission will however seize to exist three months after the new constitution comes to effect. The new constitution shall provide for the appointment of a permanent successor electoral commission which will take on the reforms.

The IIEC reform agenda will see a number of changes learnt from the best practices worldwide that will make electioneering more democratic in Kenya.

The Commission recommends, among other changes, that the law be amended to make voting mandatory besides allowing Kenyans living abroad to vote. 
There is also the need to make changes on the Electoral Commission’s Structure and Powers/Functions so as to give more powers to the Electoral Management Body more powers to punish those who commit election offences. Elections cannot be said to be free and fair if it does not address issues of gender, the disabled and the marginalized communities.  
Other administrative and technical reforms proposals include legal provisions for the use of electronic formats such as biometrics, electronic data collation, and real time transmission of data in elections.  When they are finally implemented, these reforms will radically change the way we conduct elections.

Compiled by: Jane Osore