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A GUIDE TO THE KENYA 2013 BVR OBSERVATION EXPERIENCES Presented by ELIZABETH CIRINDI KIREMA Head of Research, Institute for Education in Democracy (IED) NDI Workshop on “ Citizen Oversight of Biometric Voter Registration (BVR)” in Abidjan, Cote d’Ivoire from 4 th to 6 th March 2014 Elections Observation Group(ELOG) www.elog.or.ke
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A GUIDE TO THE KENYA 2013 BVR

OBSERVATION EXPERIENCES

Presented by

ELIZABETH CIRINDI KIREMA Head of Research, Institute for Education in Democracy (IED)

NDI Workshop on “ Citizen Oversight of Biometric Voter

Registration (BVR)” in Abidjan, Cote d’Ivoire from 4th to 6th March

2014

Elections Observation Group(ELOG)

www.elog.or.ke

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CONTENT OF PRESENTATION

INTRODUCTION TO ELOG

BVR (BACKGROUND, HOW IT WORKED AND OBSERVATION

STRATEGIES)

HIGHLIGHTS OF ELOG’S BVR MONITORING FINDINGS

CHALLENGES ENCOUNTERED

LESSONS LEARNT

CONCLUSION

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INTRODUCTION TO ELOG

ELOG is an acronym for Elections Observation Group A long-term and permanent platform for civil

society, faith-based organizations and other key stakeholders interested in promoting transparency, accountability and citizen participation in the electoral process, through non-partisan, impartial and objective domestic monitoring and observation of the entire electoral process.

Formed in 2010, ELOG’s main goal is to strengthen democracy and good governance in Kenya and the African region through structured, quality, long-term domestic election monitoring and observation.

Currently ELOG has 11 Steering Committee member Organizations

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ELOG STEERING COMMITTEE MEMBERS

1. Centre for Governance and Development (CGD)

2. Consortium for Empowerment and Development of Marginalized

Communities (CEDMAC)

3. Constitution and Reform Education Consortium (CRECO)

4. Catholic Justice and Peace Commission (CJPC)

5. Ecumenical Centre for Justice and Peace(ECJP)

6. Federation of Women Lawyers of Kenya (FIDA)

7. Institute for Education in Democracy (IED)

8. National Council of Churches of Kenya (NCCK)

9. Supreme Council of Kenya Muslims (SUPKEM)

10. United Disabled Persons of Kenya (UDPK)

11. Youth Agenda(YAA)

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ELOG MANAGEMENT STRUCTURE

Advisory and Intervention Panel Selected from among the current chairpersons of the ELOG member organizations

Is the ELOG’s advisory and mediation channel to political players and the general

public

Responsible for the arbitration on such matters as it may deem necessary to ensure

a free, fair and peaceful elections

The panel supports the actions and decisions of the ELOG in disseminating

observation findings and communicating messages to the targeted individuals and

organizations.

Steering Committee Selected from the ED’s of member organizations

The overall policy making and oversight organ of ELOG.

Responsible for providing policy guidance, oversight and overall supervision of the

coalition generally and the secretariat specifically.

The current ELOG chair is the Executive Director of the Centre for Governance and

Development (CGD),Mr. Kennedy Masime

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ELOG SECRETARIAT

National Coordinator

M&E Manager

Finance Manager

Finance officer

4 Finance Assistants

ICT Manager PVT Manager

PVT Logistician

Logistics Assistants

9 Zonal Coordinators

290 PVT CS

PVT Observers.

Statistician Lead Trainer

GO Manager

GO Logistician

Logistics Asst.

2 GO Assistants

290 GO CS

GO Observers.

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ELOG’S 2013 ELECTION OBSERVATION STRATEGIES

Based on the electoral cycle (Observed Pre, During and Post

election period)

A). PRE-ELECTION PERIOD OBSERVATION STRATEGIES

ELOG identified seven thematic areas and identified various ELOG

Member organizations to be conveners based on the members

experiences and mandate. The member organizations monitored the

various thematic areas and shared information with ELOG

secretariat for consolidation and dissemination.

ELOG thematic areas included Monitoring Voter Registration;

Implementation of the Political Parties Act and Political Financing;

Advocacy on Electoral Law Reform and Constituency Boundary

Delimitation; Election Campaign Monitoring; Promotion and

Participation of Marginalized Groups; Voter Education and Media

Monitoring.

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BVR OBSERVATION STRATEGIES- BACKGROUND

Electronic Voter Registration in Kenya dates back in

2010 when the Interim Independent Electoral

Commission (IIEC) piloted Electronic Voter

Registration(EVR) in 18 constituencies out of the then

210 constituencies.

This was between April and May 2010 when the IIEC

compiled the register for the constitutional referendum.

Through EVR 1,354,692 Voters were registered in the 18

constituencies where EVR was piloted.

The promulgation of a new Constitution on 27th August

2010 provided for the establishment of the Independent

Electoral and Boundaries Commission (IEBC) to replace

the IIEC.

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BVR OBSERVATION STRATEGIES-BACKGROUND

The IEBC is legally mandated to continuously register

citizens as voters, and to regularly revise the voters

register.

Learning from the 2007 elections and issues raised with

regard to the quality of the 2007 voters register, there

was pressure from the public to have voters registered

electronically.

IEBC began BVR procurement processes which

unfortunately did not success.

The IEBC had shortlisted 4 companies to be considered

in the tendering process.

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BVR OBSERVATION STRATEGIES-BACKGROUND

These are:

1. 4G Identity Solutions of India that quoted $ 45 million

(Ksh: 3.72 Billion)

2. Symphony of India that quoted $47.5 Million(Ksh. 3.9

Billion)

3. Face Technologies of South Africa that quoted

$55.3(Ksh. 4.6 Billion)

4. Ontrack innovations of Israel that quoted $99.4

million(Ksh. 8.2 Billion)

The IEBC tendering committee awarded the tender to

face technologies of South Africa which ranked 3rd

against the evaluation committee recommendations of

the 4G identity Solutions of India which had quoted less

amount.

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BVR OBSERVATION STRATEGIES-BACKGROUND

While terminating the BVR tendering process the IEBC

chair cited that the two lowest bidders did not meet the

due diligence requirements while the other two were

above the Commission’s Budget. He also noted that the

commission was under intense external pressure from

several quarters

After terminating the BVR procurement process,the

Government intervened and 15,000 BVR kits were

procured using loans negotiated between the

government and the standard chartered Bank of London.

The government also agreed to amend the Elections Act,

2011 to reduce the period for closure of voter registration

from 90 days to 45 days before elections.

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BVR REGISTRATION PROCESS-HOW IT WORKED

Biometric Voter Registration process utilised a combination of

electronic equipments to capture and store voters’ bio-data.

The equipments included the laptops with registration software

installed; finger print scanner, a digital camera, power batteries and

cables.

Voter’s details that were captured included names, age, gender,

finger prints, and a face photograph.

Other details captured included voters registration centre name,

polling station name, Assembly ward name, Constituency and

County name.

After registration the voters were issued with acknowledgement slip

as proof for registration though this was not a requirement for voting.

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BVR REGISTRATION PROCESS-HOW IT WORKED

Once voters’ details were captured by the BVR kit, an

electronic applicant’s number was automatically

generated by the kit that showed the BVR kit number,

the year of registration, the date and time of registration.

The data from the BVR kits was later uploaded to the

central server of the IEBC. This was used to generate

the electronic poll book that was used on 4th March

2013.

IEBC procured Electronic Voter Identification Devices

(EVID) to identify and confirm voter registration details

on the elections day.

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ELOG BVR OBSERVATION METHODOLOGY

ElOG utilized the PVT principles to observe the BVR

process.

This was done to ensure real time reporting and

communication to the various stakeholders especially

the IEBC and National Registration Bureau(NRB). It also

enabled ELOG to prepare preliminary media statements.

Just like PVT, ELOG undertook a number of activities

which acted as building blocks to the success of BVR

monitoring exercise.

Step1: Acquisition of the official list of the registration

centres from the IEBC disaggregated by Constituency.

The list had 24,613 registration centres nationally.

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ELOG BVR OBSERVATION METHODOLOGY

Step 2: Drawing a nationally representative sample of the

registration centres. Our sample was 3,750 registration

centres.

Step 3: Determination of the number of observers that

ELOG was able to engage - based on the budgetary

allocation. ELOG planned to engage 250 monitors.

Step 4: Determining how many days to engage one

observer. Each observer was engaged for 15 days. This

meant that each monitor was to report in one registration

centre, remain there the whole day (7.30 am - 5.00pm)

to observe and report. The reporting strategy included

texting 3 SMS’s per day to the BVR database and

completing one checklist an incident form for that

specific centre.

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ELOG BVR OBSERVATION METHODOLOGY

Step 5: Application of a short code from Safaricom and

Airtel service providers. Our short code was 4156

Step 6: Recruitment of Constituency BVR observers. This

was based on the sampled registration centres to reduce

travel costs.

NB. As much as ELOG had planned to train and deploy

250 Constituency observers to observe BVR processes

in 3750 registration centres, we were only able to train

214 observers who were deployed in 3,210 registration

centres.

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ELOG BVR OBSERVATION METHODOLOGY

This is because it took too long for the IEBC to

determine the timelines for the BVR voter registration

exercise which depended on the procurement of BVR

kits and training of the registration clerks. By the time the

IEBC declared the timelines for the BVR process, ELOG

was time constrained and could not train all the 250 BVR

monitors as envisaged. Therefore we deployed only

those whom we were able to train.

Step 7: Accreditation of BVR observers by the IEBC. The

commission required details of observers for

accreditation.

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ELOG BVR OBSERVATION METHODOLOGY

Step 8: Development of BVR monitoring Tools. ELOG

developed BVR checklist and incident form that had

coded responses. Coding of responses enabled the

observers to send their responses via SMS using a

predetermined formula. We also developed a texting

guide that was used to train BVR Monitors. Each day

the observer was required to send three SMS’s to the

BVR database.

Step 9: Development of the BVR database(this had

observer details in regard to the registration centre

codes that they were expected to observe, their contact

details, the BVR Checklist and the incident form)

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ELOG BVR OBSERVATION METHODOLOGY

Step 10: Training and deployment of observers. All trainings were

conducted at the national level. Deployment was done based on the

sampled registration centres.

Observers stayed at each sampled registration centre the whole

day. They were expected to text 3 SMS’s to the BVR database and

complete one checklist per registration centre

Observers also used the incident form to text any incidences that

occurred during registration process.

Completed checklists and incident forms were later sent to IED’s

office after the observation period for final analysis and compilation

of the final report.

On elections day, ELOG used the PVT Observers as well as the

general observers to observe the E-day processes.

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HIGHLIGHTS OF BVR MONITORING FINDINGS

Procurement of the BVR kits was marred with controversies that

eroded the confidence in the voters roll and the commission. A high

profiled procurement process of $50million USD was cancelled

occasioning public concern about the IEBC’s independence.

After terminating the BVR procurement process, Government

intervened and 15,000 BVR kits were procured using loans

negotiated between the government and the Standard Chartered

Bank of London.

Delay in the procurement of BVR kits affected the elections timelines

in general. This occasioned the amendment of the Elections Act

2011 which reduced timelines for voter registration and compilation

of the principal register of voters from 90 days before elections to 45

days

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HIGHLIGHTS OF BVR MONITORING FINDINGS

According to the Elections Act, 2011, voter registration

ought to have began in the month of September, 2012,

while compilation, inspection and publication of the

register would have commenced in December 2012 .

However due to delay in the procurement of the BVR

kits, BVR registration took only a month from 19th

November 2012 to 18th December 2012.

Timelines for inspection of the voters register were also

affected. Inspection took only 14 days instead of one

month long period provided in the law.

The compressed timelines caused by delay in the

procurement of BVR kits affected preparation for the

2013 General elections .

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HIGHLIGHTS OF BVR MONITORING FINDINGS

Malfunctioning of some of the BVR kits, low turn out of eligible

voters especially in the 1st two weeks of registration, insecurity in

some regions, insufficient power to drive BVR kits, lack of National

Identification cards and misconception that BVR is harmful to the

body.

Late commencement of Diaspora voter registration. By 30th

November, 2012 Diaspora voter registration had not began. Two

weeks to the closure of BVR.

Lack of information on BVR Kits movement. In total there were

24,613 registration centres. Therefore the BVR kits were shared

between two or more registration centres. There was no operational

schedule on the movement of the BVR kits a number of voters were

disenfranchised.

This also affected the BVR observers who had now to observe

based on the presence of BVR kits in the registration centres.

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HIGHLIGHTS OF BVR MONITORING FINDINGS

Engaging all stakeholders to mobilize eligible voters to

register was a good strategy for it increased voter

registration from 33% in the 1st two weeks of registration

to 79.9% by close of the registration period.

In total IEBC registered 14,352,545 voters in Kenya and

2,637 Kenyan in the East Africa Community(EAC)

community.

Non-registration of those hospitalized and prisoners

Information that the Commission will not register voters

outside the East Africa community came very late.

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ELOG’S 2013 ELECTIONS DAY OBSERVATION STRATEGIES

ELOG used two methodologies: Parallel Vote Tabulation and

general observation. PVT was the method that was mainly used on

E-day.

Both methods complimented each other to boost confidence in the

fairness of the entire electoral process.

In order to support recruitment of PVT constituency supervisors and

observers, ELOG recruited 9 Zonal coordinators.

ELOG also recruited and effectively trained 48 Master trainers who

trained all the 580 constituency supervisors , 972 PVT observers

and over 6000 general observers.

ELOG trained and deployed 580 Constituency Supervisors, and

over 7,000 observers in all the 290 constituencies. Out of the 7,000

Observers, 976 were deployed as PVT observers in a nationally

representative sample of the total 31,977 polling streams

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ELOG’S 2013 ELECTIONS DAY BVR OBSERVATION FINDINGS

ELOG received reports from 97.5% sampled polling stations on E-

day

Highlights of E-day Observations on BVR

Failure of the Electronic Voter Identification Device(EVID) in 55.1%

of all polling streams resulting to the use of the printed hard copies

of the voters register by the IEBC.

Voters whose details were not on the register were not permitted to

vote in 84.8% of the polling stations(according to the law)

Voters whose details were not on the register were permitted to vote

in 15.2% of the total polling stations

Voters names were properly marked or crossed out once their

details were confirmed in the voters register in 99.4%

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CHALLENGES ENCOUNTERED

1. In spite of comprehensive training, some participants could not

pass the post-tests and therefore they had to be replaced. This

meant organizing for additional trainings.

2. Late compilation of the official list of all polling streams by the

IEBC, delayed the finalization of ELOG’s PVT sample. We had to

recruit PVT observers on ward basis who were later deployed in

specific sample polling streams. The extra PVT Observers were

deployed as general observers

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CHALLENGES ENCOUNTERED

3. Suspicion from IEBC that ELOG would release the PVT

results before the official announcement . ELOG had to

sign an MOU with IEBC that provided that ELOG would

only release PVT results after the commission had

announced the official results.

4. Misunderstanding of PVT objectives by a number of

stakeholders. Some thought it provides alternative

results from that of IEBC. ELOG had to undertake

extensive media awareness and understanding of what

PVT is and what is not. We had to insist that only IEBC is

mandated by law to announce results and PVT results

are meant to verify the accuracy of the official results.

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CHALLENGES ENCOUNTERED

5. The controversies surrounding the procurement of the

BVT kits affected our BVR monitoring processes. Due to

compressed timelines we could not recruit and train the

250 BVR observers as planned.

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LESSONS LEARNT

1. Early planning and fundraising for the entire

observation processes is crucial in ensuring resources

are available on time. Probably a year to the E-day. By

November 2011 ELOG observation proposal and

budget were ready.

2. Planning for a run-off in highly contested elections is a

good practice. ELOG was prepared in advance to

observe the run-off even though it did not occur.

3. Consistently following up on the IEBC to share the final

official list of the polling streams. ELOG never gave up.

4. Recruitment of competent and committed staff to work

at the secretariat level is critical for the success of PVT

and general observations

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LESSONS LEARNT

5. Training smaller groups of participants ensured quality

and active participations. ELOG ensured each training

group had not more than 25 participants.

6.Administering pre and post test to participants during

training ensured only those who qualified were engaged

as supervisors and observers. This minimized the level

of errors during transmission of PVT data and

completion of observer forms.

7. Having master trainers ensured that all trainings were

standardized and the same delivery methods were

used.

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LESSONS LEARNT

8. Technical advice and expertise provided by NDI staff

played a key role in the success of PVT

9. Development of training materials in advance. Allowed

for early review and ensured that trainers and

participants had relevant materials on time.

10. Simulation of the PVT system before e-day is important.

ELOG had a national wide simulation on 25th February

2013. This enabled us to address a number of issues that could have hindered the success of PVT.

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CONCLUSION

BVR is a better system for voter registration compared to

manual processes.

However, the technology need to be introduced on time

to ensure that it is tested on a large scale to ensure that

it works.

Moreover training of staff to manage BVR is key. Proper

training would reduce human error that could be

associated with data entry process.

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THANK YOU


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