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CODE OF CONDUCT OF OBSERVERS IN KENYA

Introduction

Due to the sensitivity of election observation, observers must conduct themselves responsibly. The Commission therefore developed a Code of Conduct for the accredited observers, both domestic and international, as they execute their mandate. The IEBC Code of Conduct for International Observers (hereinafter, the Code of Conduct for International Observers) highlights the internationally recognized standards of observation and defines the rights and duties of observers.

Code of Conduct for election observers

Election observers are required to:

 Respect sovereignty of the host country

Respect and promote the political rights and fundamental freedoms of the people

Respect the laws of the Country including:

1. Respecting the sovereignty of the Constitution of Kenya, laws, regulations and international obligations consistent with holding democratic elections;

2. Becoming familiar with election law, regulations and other relevant laws as directed by their observation mission;

3. Following any lawful instruction from country’s government, security and electoral authorities;

4. Maintain strict adherence to the principle of non- violence, call on all involved with the election process to do the same and take any practical possible to reduce the potentials for election – related violence.

Respect the authority of the Commission including;

1. Respecting the roles of the Commission at all levels and at no time interfere unlawfully or inappropriately in the administration of the elections;

2. Providing appropriate identification as provided by the election observation mission to electoral officials and other interested national authorities when requested;

3. Raising irregularities, fraud or significant problems to the attention of election officials on the spot, unless this is prohibited by law, in a non- obstructive manner;

4. Maintaining a respectful attitude towards electoral officials and other national authorities;

5. Working diligently in cooperation with the Commission officials;

6. Obeying lawful instructions from Commission officials or other appropriate authorities concerning protection of electoral integrity.

Respect the integrity of their respective election observation mission including:

1. Following this code of Conduct, any written instructions (such as terms of reference, directives and guidelines) and any verbal instructions from the observation mission’s leadership:

2. Attending observation mission’s briefings trainings, and debriefings;

3. Reporting any conflicts of interest, they may have and any improper behavior they see conducted by other observers that are part of the mission to the leadership of the observation mission.

Maintain strict political impartiality at all times, and seen to do so, during the electoral process, including desisting from;

• Expressing or exhibiting any bias or preference in relation to those seeking public office, or those seeking public office or those supporting or opposing any referendum initiative including national authorities, political parties, candidates, groups, movements, associations;

• Conduction any activity that could be reasonably perceived favoring or providing partisan gain for any political competitor in the country, such as wearing or displaying any partisan symbols, colors, banners or accepting anything of value from political competitors;

• Rejecting all favors offered or threats issued by any of the political contestants or their agents;

• Asking voters to tell for whom or what party or referendum position they voted.

Observers must maintain accuracy of observations and professionalism in drawing conclusions. This includes:

1. Basing their judgements on the highest standards of accuracy of information and impartiality of analysis, distinguishing subjective factors from objective evidence;

2. Ensuring that all of their observations are comprehensive, noting both positive and negative factors;

3. Distinguishing between significant and insignificant factors;

4. Identifying patterns that could have important impact on the integrity of the election process;

5. Basing all conclusions on factual and verifiable evidence and avoiding drawing premature conclusions;

6. Keeping and submitting a well- documented record of where specific observations were made and other relevant information as required to facilitate verification of the reports.

Observers must refrain from making comments to the public or the media before their specific observer mission speaks

1. Observers must refrain from making any personal comments about their observations or conclusions to the news media or members of the public before the election observation mission takes a statement, unless specifically instructed otherwise by the observation mission’s leadership;

2. Observers may explain the nature of the observation mission, its activities and other matters deemed appropriate by the observation mission and should refer the media or other interested persons to the individuals designated by the observation mission.

observation mission.

Cooperate with other election observers

Observers must be aware of other election observation missions, both international and domestic, and cooperate with them as instructed by the leadership of te election observation mission.

Observers must maintain proper personal behavior and respect other, including:

1. 1. Exhibiting sensitivity for local cultures and customs;

   2. Exercising sound judgement in personal interactions;

   3. Observing the highest level of professional conduct at all times, including during their leisure time.

Compliance with the Code of Conduct

1. Observers must pledge to follow this Code of Conduct by signing the pledge as provided in the application form. The leadership of the observer mission is responsible for the compliance of their observers with this Code of Conduct.

2. In case of concern about violation of this Code of Conduct, the election observation mission shall conduct an inquiry into the matter. If a serious violation is found to have occurred, the observer concerned may have their accreditation withdrawn or be dismissed from the election observation mission.

ANNEXES

Annexe I

Election observer pledge

1, the undersigned, hereby pledge that:

1. I will serve as a non-partisan election observer in the forthcoming election period to observe the voter registration, candidate qualification, political party candidate selection, campaign activities, media coverage, voting or ballot counting and tabulation processes or in any other non-partisan observing capacity that I may agree to perform; I will not conduct any partisan activity to affect the choices that voters may make in this election and/or referendum, and I will respect the roles of the Independent Electoral and Boundaries Commission at all levels and at no time interfere unlawfully or inappropriately in the administration of the election and/or referendum;

2. I am neither a candidate nor activist for any candidate, political party, group, movement or other association that is seeking public office in the upcoming elections, nor am I an activist in support of or in opposition to any upcoming referendum, and I do not intend to become a candidate in this election nor to use any non-partisan election observation organization as a basis for supporting mu candidacy in any future election;

3. I will maintain strict non-partisanship, by remaining impartial in all activities concerning the election process, refraining from expressing publicly any preference for or against any candidate, political party, group, movement or other association seeking public office or in support of or opposition to a referendum initiative, and rejecting all favors offered or threats issued by any of the electoral contestants or their agents;

4. I will work in support of a genuine democratic election process, without regard to who wins or loses, putting aside my personal views about those seeking public office or issues presented in a referendum, in order to promote a democratic process, except when I exercise my right to cast a ballot in the secrecy of a polling booth;

5. I have no conflicts of interest and will refrain from having any, be they personal, political, economic or otherwise that would hinder me from fulfilling my non-partisan election observation or monitoring activities impartially, accurately and in a timely manner;

6. I will respect and protect the integrity of the non-partisan election observation organization, including by following this Code of Conduct, any written instructions (such as observation protocols, directives and guidelines) and any verbal instructions from the organization’s leadership;

7. I will refrain from making any personal comments about observations to the news media or members of the public before the election observation organization makes a statement, unless specifically instructed otherwise by the organizations leadership;

8. I will attend all required domestic election observation training sessions; I will strive to become familiar with the election law and regulations and other relevant laws as directed in the trainings, and I will fully adhere to the methodologies employed by the organization and will act in all domestic election observation and monitoring activities to the best of my abilities;

9. I will report impartially, accurately (including positive as well as negative factors) and as timely as possible on all events that I observe in my capacity as a non-partisan election observer;

10. I hereby vow that I have carefully read and fully understand the Code of Conduct for Non-partisan Election Observers; I agree to promote its goals and principles and to comply with its requirements. I further vow to resign from my role as an election observer if I should develop any conflict of interest that would hinder me from fulfilling impartially, accurately and in a timely manner my non-partisan election observation activities, or if I should violate the requirements of this Code of Conduct.

I will adhere to the Constitution of Kenya, Statutory law, and any other applicable laws, observe professional standards and the Media Council of Kenya (MCK) Code of Conduct for the Practice of Journalism, and such other directives issued by the IEBC.

The identification badge is non-transferable and will only be used for the intended purpose and duration.

CODE OF CONDUCT FOR VOTER EDUCATORS AND VOTER EDUCATION PROVIDERS

Every voter educator must sign the Code of Conduct as prescribed in our voter education policy.

The Provisions in the Code of Conduct for Voter Educators and Voter Education Providers are that:

1. The principal duty of the voter educator provider is to promote awareness among the population of Kenya in general and the voting population in particular on the need for all citizens of Kenya of voting age to register and vote in the forthcoming By-election.

2. A voter educator / Education Provider is a friend of every voter.

1. A voter educator / Education Provider shall endeavor to provide appropriate information, insight and advice to every voter on issues relating to the registration, elections and the referendum.

2. A voter educator / Education Provider shall however not use his/her/position as a voter educator to influence any voter to vote for any particular candidate or political party.

3. A voter Educator / Education Provider shall:

1. Conduct voter education in accordance with the Curriculum prepared and approved by the Commission.

2. Conducted voter education impartially and without the advocacy or influence from any person or group.

3. Refrain from engaging in or supporting any activity that would discredit the work or image of the Commission.

4. Not in any way actively subvert the attainment of the Commission’s statutory mandate and the conduct of the electoral process.

5. Not in any way solicit for funds in the name of the Commission.

6. Refuse any gift, favour, hospitality or any inducement that would influence or appear to influence the discharge of his/her duties.

7. Carry out voter education without intimidation, coercion, threats, duress or undue influence.

8. Be sensitive to the needs of people with disabilities, women, youth and other marginalized groups when providing voter education.

9. Give due consideration to special and appropriate circumstances regarding accessibility, language and methodology in the provision of voter education.

10. Avoid actual or apparent conflicts of interest in the provision of voter education.

11. Refrain from disclosing any confidential information acquired in the course of their work unless otherwise authorized by the Commission.

12. Perform their duty in accordance with such other rules, regulations, and standards as the Commission may set from time to time.

13. Endeavor to use every means at his/her disposal to encourage every Kenyan who is eligible to register as voter to exercise his/her constitutional right to register and vote in future elections and the referenda.

4. A voter Educator / Education Provider who does not abide by this Code of Conduct shall be liable to such penalty that the Commission may deem fit, including termination of the contract and revocation of the right to conduct voter education for voter registration, elections and the referendum.