@chepkel, ECK hired people from various places. You became a returning officer in your area, a presiding office and a clerk in the same area you come from. Now with the polarization that occurred during the last election. Did you expect a man born and raised in Mbita to stop theft of votes in that area, when its their own that was going for office?
The Stakes were too high!

@mkenyam, Fix the system!! Rotate Returning Officer, Presiding Officers, Polling clerks e.t.c. Don't blame individuals fix the system. Actually that election was free but not fair as people tried to out wit each other with stealing.

@Masukuma, yes i expected a man to stop theft in his area because that would have been the right thing to do and he would be performing his duty rightfully. I know that sounds really naive but i am pained that all these crap of trying to protect one man (i.e an MP or a president) ended up messing up our country and the actions being justified. We are in the process of changing the system but that does not excuse anybody so all those people, returning officers, presiding officers, commissioners and all must be rounded up and taken to court and should face the full face of the law. This will be a lesson to all other future employees of any electrol process. Now tell me, is it not possible for another retuning officer to declare another wrongful winner in the next election. S/He knows that s/he can easily get away with it. Tuna sheria kwa hii inchi why are we not using it????
We are busy looking for the big fish, taking years just to get a case in court while kuna wenye wanjulikana vizuri sana. Seriously, we should start with election officials from the constituencies that have been petitioned and declared vacant. This is a big problem, people shed blood, women were raped, children left homeless and without parents and taxpayers money is now being wasted trying to clean up the mess and the people who did it are just walking around. I bet some still talk about what they did in social areas like its nothing. How they received cash during elections...I am really feeling it kabisa.

@chepkel, they should be arrested and charged with....?

@chepkel, obviously you have not read the draft. the list of crimes is not listed there. It will be listed in an act of parliament (the penal code).
you can charge them with abuse of office if they are proven to have taken a bribe - thats all! for the rest, you can't prosecute incompetence.

the document contains how to form the IIEC's successor and what its tasks shall be.

in the current constitution? i don't think so. these are not things to be put in the constitution. the penal code should cater for such things.

Of course declaring wrong results on purpose is a wrong punishable in law - now and in the future.
There must be an incentive (from the beneficiary)to declare wrong results.
The wrong can be; abuse of office or corruption, or conspiracy to defraud/cheat/deprive etc.

The thread heading is wrong though.

Kiviutu was overwhelmed by an unruly population.
Lets not conveniently forget all the madness that was so palpable in the air in the run up to the elctions. Youths were practically intoxicated and hypnotised that the election had to go their way, anything else would be rigging.
Three, two and one days before election day it was propaganda galore.

It didnt matter who the ECK chair was the temperatures were simply too high, and certain elements were prepared to cheat/steal - from both sides.