A complete review and consolidation of the legal provisions relating to elections into a single act should be undertaken to bring them fully in line with international standards for democratic elections. Particular attention should be paid to introducing essential transparency requirements to ensure public accountability of all components of the election administration. This process should include:
a. Introduction of legal provisions that guarantee full transparency of all components of the election process. All elements of the elections should be open to public scrutiny and the administration should be required to maximise the transparency of its activities by law.
b. Stipulation that the work and all meetings of the ECK are public and accessible to accredited observers, media and party or candidate representatives.
c. Removal of section 5 of the Constitution that requires each party to nominate a presidential candidate to qualify to put forward candidates for election.
d. Introduction of provisions to enable independent candidates to stand for election.
e. Inclusion of detailed provisions for the conduct of a second round of a presidential election.
f. Incorporated of legal provisions to promote women’s participation in the electoral process, especially as candidates.
g. Procedures to nominate the 12 appointed members of Parliament should be drafted in detail on the basis of the 1997 Inter-Parties Parliamentary Group (IPPG) agreement.
h. Introduction of more control and more transparency in the financing of political parties and of electoral campaigns. In this context, the 2007 Political Parties Act should be put into force and implemented as soon as possible.
i. Inclusion of clear and detailed provision defining the exact duration of the electoral campaign period.
j. Provision of detailed regulations regarding the printing of ballot papers, design, format, security and destruction of the ballot paper matrix to avoid possibilities of misuse and illegal printing of ballot papers.
k. Establishment of a framework to enable the electoral code of conduct to be enforced in an impartial manner.
l. Revision of the dispute resolution system in order to provide for a prompt response to any complaint submitted during the course of the electoral process. Installing a specialized Kenya Electoral Dispute Adjudication Board.
m. Establishment of a specialised electoral tribunal to rule on complaints and petitions within the limited period of time frame of elections.