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ELOG Report Intelligence • 2019

ELOG Parliamentary and Ward By-Elections Observation Report 2019

This dashboard presents ELOG’s observation of the 2019 parliamentary and ward by-elections in Embakasi South, Ugenya, Wajir West and Lelan County Assembly Ward. The by-elections followed court nullifications in Embakasi South, Ugenya and Wajir West, while the Lelan Ward seat became vacant following the death of the sitting MCA. ELOG deployed a full observation mission using both Long-Term Observers and Short-Term Observers. The mission included 7 Long-Term Observers for pre-election observation, 116 Short-Term Observers for Election Day observation, and 5 roving teams. Observers monitored voter education, campaign environment, IEBC preparedness, opening and set-up of polling stations, voting, closing, counting, tallying and announcement of results. The report found that IEBC and URAIA conducted voter education in all electoral areas, and that IEBC made strategic election materials available in observed polling stations. ELOG observers were generally allowed access, ballot boxes were shown empty before voting, security personnel were visible, and voters in queues were largely allowed to vote. However, the report also identified recurring challenges including KIEMS kit failures, manual voter verification, voters turned away for lack of proper identification or wrong polling station assignment, assisted voting concerns, low voter turnout in some areas, campaign-related incidents, and cases where results forms were not publicly displayed. Critical incidents included observers initially denied access in some polling stations, KIEMS kits failing or missing, arrests linked to alleged voter bribery in Embakasi South, and campaigning within the polling station environment in Ugenya. Overall, ELOG found that the by-elections were conducted with important procedural safeguards, but also highlighted areas requiring improvement in electoral technology, voter education, campaign conduct, voter verification, results transparency and stakeholder engagement. The report recommends strict enforcement of the electoral code of conduct, action against violators, condemnation of adverse campaigning, better planning and resourcing of civic and voter education, targeted efforts to address low voter turnout, and more inclusive, regular and structured engagement among electoral stakeholders.

4

Electoral areas observed

ELOG observed by-elections in four electoral areas: Embakasi South, Ugenya, Wajir West and Lelan County Assembly Ward.

7

Long-Term Observers deployed

ELOG deployed 7 Long-Term Observers to monitor the pre-election environment, including voter education, campaigns, IEBC preparedness and election-related incidents.

116

Short-Term Observers deployed

ELOG deployed 116 Short-Term Observers to observe Election Day processes, including opening, voting, closing, counting, tallying and results announcement.

5

Roving teams deployed

ELOG deployed 5 roving teams made up of senior or expert observers and tally centre observers to support Election Day observation.

12

Observer trainers

A team of 12 trainers supported the recruitment, training and deployment of short-term observers across the by-election areas.

150,013

Embakasi South registered voters

Embakasi South had 150,013 registered voters spread across 222 polling stations.

222

Embakasi South polling stations

The Embakasi South by-election was conducted across 222 polling stations in five wards.

20.6%

Embakasi South observed turnout

ELOG reported low turnout in observed polling stations in Embakasi South, recorded at 20.6%.

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Findings

What the report found

ELOG applied a full electoral-cycle observation approach

ELOG observed both the pre-election period and Election Day processes.

The mission combined Long-Term Observation and Short-Term Observation. LTOs monitored voter education, campaigns, IEBC preparedness and the pre-election environment, while STOs observed opening, voting, closing, counting, tallying and results announcement.

Positive • Pages 8, 12-13

Voter education was conducted in all electoral areas

IEBC and URAIA conducted voter education across the by-election areas.

ELOG noted that voter education activities were conducted by IEBC and URAIA in all areas where the by-elections were taking place. Civic education was also conducted through local media in Wajir West.

Positive • Pages 17-18

IEBC prepared and trained polling staff

IEBC was observed preparing for the by-elections through recruitment and training of polling staff.

ELOG observers reported that IEBC was preparing for the elections through recruitment and training of polling staff in the respective regions. This supported operational readiness for Election Day.

Positive • Pages 18, 20

Campaign environment was mostly peaceful but not uniform

Campaigns were relatively peaceful in some areas, but incidents were reported in Ugenya and Wajir West.

The report notes that campaigns in Embakasi South and Lelan were relatively peaceful and concluded within IEBC timelines. However, in Ugenya, observers reported defacing and destruction of campaign posters and stoning of a party convoy near Sihay Market. In Wajir West, observers heard reports of disruption of a Jubilee rally and removal of posters.

Watch • Pages 18-19

Special interest group participation remained limited

Women candidates were present only in Lelan Ward and Embakasi South.

The report notes that among the four electoral areas, only Lelan Ward and Embakasi South had women candidates contesting. ELOG also deployed some Persons with Disabilities as Short-Term Observers and provided them with support.

Watch • Pages 19-20

Strategic election materials were available

IEBC provided strategic election materials in observed polling stations.

The report states that IEBC provided strategic items in polling stations, including ballot boxes, ballot papers, voter registers, indelible ink, stamps and result forms.

Positive • Pages 9-10

Ballot box safeguards were observed

Ballot boxes were shown empty before voting and sealed before counting.

ELOG reported that ballot boxes were empty and sealed before voting, and were sealed before counting began in all polling stations observed.

Positive • Pages 9-10

KIEMS kit failures affected some polling stations

Some KIEMS kits failed due to hanging, low battery or power-related issues.

The report notes that KIEMS kits in some observed polling stations failed at some point due to hanging, low battery or lack of power. IEBC either fixed the kits or replaced them, but the incidents show the need for stronger technology preparedness and backup arrangements.

Concern • Pages 9-10, 39-40

Some voters were denied voting due to identification or wrong-station issues

Some voters were not allowed to vote because of missing proper documents or reporting to the wrong polling station.

The report states that some voters were not allowed to vote due to issues such as not having the proper documents or reporting to the wrong polling station. This highlights the importance of stronger voter education and register verification before Election Day.

Concern • Pages 9-10

Assisted voting raised secrecy concerns in some cases

Voter secrecy was generally observed except in some assisted voting situations.

The report states that voter secrecy was observed apart from instances of assisted voting. In Wajir West, the report notes that Presiding Officers in observed polling stations would shout the candidate chosen by assisted voters, raising concerns about secrecy of the ballot.

Concern • Pages 9-10

Voters in queues were allowed to vote

Voters standing in queues were allowed to cast their ballots.

ELOG reported that all voters standing in queues during the by-elections were allowed to vote, supporting protection of the right to vote at closing time.

Positive • Pages 9-10

Results transparency gaps were observed

The report noted issues around results forms and public display of results in some cases.

ELOG’s observation framework included tallying and announcement of results, and the report’s annexes include opening, set-up and incident statements. The dashboard should track results-form availability, public display of results and tallying transparency as important integrity areas.

Watch • Critical Incidents and Annexes
Incident Log

Recorded administrative incidents

Observer not permitted to observe

Location: Some observed polling stations

The report lists observer access as a critical incident area, including cases where observers were not permitted to observe at the polling station level.

Resolution: The issue was documented by ELOG as an observer access concern requiring better accreditation communication and access management by election officials.

Minor • Observer Access

KIEMS kits not functioning properly or missing

Location: Multiple observed polling stations

Some KIEMS kits failed to function properly or were missing entirely. Reported problems included hanging, low battery and lack of power.

Resolution: IEBC either fixed the kits or replaced them, allowing voting to proceed, but the issue highlighted the need for stronger technology preparedness and backup systems.

Major • Electoral Technology

Manual voter verification due to KIEMS challenges

Location: Observed polling stations affected by KIEMS failure

Where KIEMS kits malfunctioned, manual verification was used in some polling stations. This created procedural pressure and raised the need for clear fallback procedures.

Resolution: Voting continued using available verification alternatives, but ELOG recorded the issue as a technology and verification concern.

Major • Voter Verification

Arrest linked to alleged voter bribery at Jophena Polling Center

Location: Jophena Polling Center, Embakasi South

An ELOG observer reported that people entered the polling station shouting that voter bribery was taking place. One party agent was arrested, and voting was disrupted for about 15 minutes until the agent was released.

Resolution: Voting resumed after the disruption. ELOG noted that the incident did not compromise the integrity of the election.

Major • Election Offence / Voter Bribery

Arrest linked to alleged voter bribery at Chaminade Hall

Location: Chaminade Hall Polling Center, Embakasi South

Another party agent was reportedly arrested at Chaminade Hall Polling Center in Embakasi South due to alleged voter bribery.

Resolution: The incident was recorded by ELOG as a critical incident, though the report notes that the incidents did not compromise the overall integrity of the election.

Major • Election Offence / Voter Bribery

Campaigning within the polling station environment

Location: Ugenya Constituency

The report lists campaigning in the polling station environment as a critical incident area in Ugenya.

Resolution: The issue was documented as a campaign-conduct violation requiring stricter enforcement of the electoral code of conduct.

Major • Campaign Conduct

Defacing and destruction of campaign posters

Location: Ukwala Ward, Ugenya Constituency

Long-Term Observers reported incidents of defacing and destruction of campaign posters in Ukwala Ward.

Resolution: The incident was recorded as part of the pre-election campaign environment findings.

Minor • Campaign Environment

Stoning of campaign convoy near Sihay Market

Location: Sihay Market, Ugenya Constituency

During ODM campaigns at Sihay Market on 31 March 2019, a party convoy was reportedly stoned by goons allegedly belonging to one of the contestants.

Resolution: The incident was recorded by ELOG as a campaign-related violence concern.

Major • Campaign Violence

Disruption and poster removal in Wajir West

Location: Wajir West Constituency

Long-Term Observers reported hearing of disruption of a Jubilee Party rally near Arbijahan Centre, as well as defacing and removal of candidates’ posters.

Resolution: The matter was documented as part of ELOG’s pre-election campaign environment monitoring.

Minor • Campaign Environment
Recommendations

Reform areas for future LSK elections

Enforce the electoral code of conduct

All political actors should adhere to the electoral code of conduct, and relevant institutions should take stringent action against violators.

Target: Political Actors, IEBC, ORPP, DPP and NCIS

High priority • Page 10 / Recommendations

Take action against electoral violations

Institutions mandated to enforce electoral law should investigate and act against violations such as voter bribery, campaign violence, adverse campaigning and campaigning within polling station environments.

Target: IEBC, ORPP, ODPP, Security Agencies

High priority • Recommendations Section

Condemn and profile adverse campaigning

Adverse campaigning should be strongly condemned and profiled by the media, civil society organizations and other electoral stakeholders.

Target: Media, CSOs, Political Parties and Electoral Stakeholders

Medium priority • Page 10 / Recommendations

Address low voter turnout

Low voter turnout should be addressed through targeted voter education, improved voter information, community outreach and stronger public communication on the importance of participation in by-elections.

Target: IEBC, CSOs, Political Parties and Civic Education Actors

High priority • Page 10 / Recommendations

Improve planning and timing of civic and voter education

Civic and voter education programmes should be planned early, conducted in a timely manner and tailored to the specific information needs of voters in by-election areas.

Target: IEBC, URAIA, CSOs and Development Partners

High priority • Page 10 / Recommendations

Resource civic and voter education adequately

Government and funding partners should provide sufficient resources for civic and voter education to ensure citizens are informed before by-elections.

Target: Government, IEBC, Funding Partners and CSOs

Medium priority • Page 10 / Recommendations

Strengthen inclusive and structured stakeholder engagement

Electoral stakeholders should maintain continuous, inclusive, regular and structured engagement in relation to the conduct of electoral processes.

Target: IEBC, Political Parties, CSOs, Security Agencies and Other Stakeholders

High priority • Page 10 / Recommendations

Improve electoral technology preparedness

IEBC should strengthen KIEMS preparedness by ensuring devices are tested before deployment, adequately charged, properly configured and supported by reliable backup arrangements.

Target: IEBC

High priority • Critical Incidents / KIEMS

Clarify assisted voting procedures

IEBC should ensure that assisted voting procedures protect voter secrecy, independence and dignity. Polling officials should avoid publicly disclosing the candidate choice of assisted voters.

Target: IEBC and Polling Officials

High priority • Voting Findings

Improve voter identification and polling station information

IEBC and civic education actors should improve communication on required identification documents and polling station assignment to reduce cases of voters being turned away.

Target: IEBC, CSOs and Voter Education Actors

Medium priority • Voting Findings