US observer the Carter Center has released a report on the election in which it says failures in the results transmission system should be probed.
The organisation that had sent former US state secretary John Kerry to lead a team of other observers said there were significant instances where the electoral code of conduct was ignored.
The report on its website – www.cartercenter.org – said the electronic transmission of result forms from the polling station level to the 290 constituency centres and to the national tally unit was unreliable.
“While the data entry of the results from KIEMS transmitted successfully to the national tally centre, the early display of these tallies was not substantiated by scanned copies of the polling station result forms for the presidential race,” the report said, despite Kerry saying the elections were free and fair before he departed to the US.
“Many polling stations failed to fill out forms consistently for voters whom the KIEMS system did not recognise, but who were allowed to vote if they provided required ID and were on the voter list.”
The report dated August 10 states if the IEBC tabulation process was fully implemented, it would have allowed “a high level of transparency and accountability”. It questioned the lack of transparency during the voters register audit and the initial reluctance by the IEBC to release the full KPMG report. The report adds it hurt public confidence in KPMG’s work and the subsequent steps taken by the electoral agency.
It said Kenyans were undeterred by long lines and cast their ballots in a generally calm and peaceful atmosphere to support the democratic process of electing the country’s president.
“If there are disputes about official election results, we urge candidates and parties to use established legal channels to resolve them and to ensure that their supporters remain calm throughout the remaining electoral period,” the report said.
However it warned the legal framework contained gaps and inconsistencies such as overlapping jurisdiction of IEBC and the Political Parties Dispute Tribunal.