In Summary
  • She said Kenya was not prepared to receive her and her team in Nairobi this week.
  • The observers call out Jubilee leaders for their open criticism of the Judiciary.

Election observers from the European Union released their final report on Wednesday, a move that angered the government, because Nairobi’s input was not considered.

According to Kenya’s ambassador to Belgium Johnson Weru, the decision by the chief observer of the mission Ms Marietje Schaake to release the report in Brussels was “unprocedural and premature” because they had expected it to be out in mid-February or mid-March.

Ms Schaake, however, maintained that she had to release the 75-page report within three months of the October 26 repeat election. She said Kenya was not prepared to receive her and her team in Nairobi this week.

EMBARASS

In the report, the observers raised a number of points that may embarrass the Jubilee government. Because such a document stays public and can be used by European powers and other countries to inform their policy on Kenya, there are observations the Jubilee government may have wished were not placed out there for all to see.

First, the State is faulted for its action against civil society organisations. The report says they were “subject to intimidating actions by the NGOs Coordination Board just before each of the two deadlines for lodging presidential petitions (in August and November)”.

“Without a clear legal basis, the board issued letters to them that demanded, inter alia, that they cease all political operations, including all electoral-related programmes. While accountability is appropriate, the organisations concerned denied the allegations against them and in some cases pointed out that they are limited companies and therefore do not fall under the board’s oversight.

“The board’s actions go against the commitments Kenya has made in regard to creating a conducive environment for civil society. The government has been criticised for failing to implement the Public Benefits Organisations Act 2013,” state the observers.

SUPREME COURT

Secondly, the observers call out Jubilee leaders for their open criticism of the Judiciary after the annulment of the August 8 presidential election by the Supreme Court.

“Following the Supreme Court’s September 1 annulment of the presidential election, the Judiciary came under increased attack,” they wrote.

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