The proposals to amend the electoral law were presented to the Committee on Justice and Legal Affairs on Tuesday by Commissioner Wafula Chebukati with the request that the amendments be made before the end of the year in order to give the commission enough time to plan ahead of the vote in August. < / p>
The Commission is seeking an amendment to Section 44 of the Act to provide a complementary mechanism for reporting presidential results – a key area that has been the subject of heated debate during the 2017 presidential petition tabled by ODM Leader Raila Odinga which led to the cancellation of the results announced by Mr Chebukati.
The change gives the Commission the power to introduce alternative transmission mechanisms. Presidential results in parts of the country with poor internet connections.
The Commission wishes to that section 44 A of the Act is amended to provide a supplementary mechanism for overriding to enable presidential results to be reported. The purpose is to remove one of the challenges identified during the hearing of the petition against the Commission’s statement that Uhuru Kenyatta was the winner of the election.
If the amendment is adopted by Parliament, the Presidency officials must move to the point that is closest to the polling station and that has a good network to report results accordingly. This is the case when the polling station fails to submit results.
“If there is no network, the chairman must go to the constituency census center and submit the results from the constituency census center.” The proposed change is partial.
“If Kenya’s integrated election management system (Kiems) fails, the chairman informs the constituency leader of the failure of the equipment and asks for equipment to be replaced or repaired. . “
In the event that the Kiems equipment cannot be repaired or replaced, the commission would like the chairman to record the incident in the election diary, which will then be signed by all agents of the presidential candidates.
The chairman then gives the polling station’s Form 34A and paper journal to the constituency polling officer.
The Commission must then publish this electronically or in printed media, nationally circulated or otherwise accessible medium reported the unsuccessful delivery from this polling station.
The Supreme Court annulled President Kenyatta’s election victory on August 8, 2017, and found that the commission had been irregular in delivering the results.
The Independent Electoral and Boundaries Commission (IEBC) admitted during the hearing of the petition that it did not use the electronic transmission system it prescribed m, relying instead on text messages and photos of manually completed forms.
In 2013, the Election Voters Identification Device (Evid) – the system put in place to verify voters and see results – failed to the national counting center – forcing the IEBC to revert to manual counting.
While the tablets used for voter identification and result transfer worked well in 2017, some results could not be transferred due to some areas that are not covered by the 4G internet network.
The court accused the commission of de. clarification of the winner on the basis of the results of Forms 34B transmitted in the constituency, even before the result forms 34A have been received from all polling stations.
The court accuses the Commission of failing to ensure that the Parties timely access to the official polling station results in the days following the announcement of the official results, which made it impossible for parties and observers to fully review the results and match them with their internal data and reports in a timely manner in order to submit any important evidence to the court petitions .
Prevent double voting
Due to the distrust in dealing with changes to the electoral law since 2016, the Commission has successively introduced information and communication technologies into the electoral process with the aim of increasing the transparency of the elections Increase.
As technology improves the electoral process, voter identification should improve, prevent double-voting and help deliver results quickly and accurately a but it was not as its use in the 2013 and 2017 elections did not provide the desired level of transparency or efficiency.
The Commission also calls for an amendment to section 39 of the Act to make the electronic The numbers transmitted by the polling station correspond to those that were physically sent to the polling officer Maina Higher Regional Court were declared unconstitutional in the 2017 Kiai case.
Subsection (2) provides that the Commission can announce the preliminary results before determining and announcing the final results of a presidential election, while Subsection 3 is for the Commission had committed to announce the preliminary results and final results in the order in which the result count is completed t.
However, the appellate court ruled that the results announced by the election officer in the constituency are final and repealed both provisions.
Whereby Section 39 (1) D) denotes Committed to the Commission chairman to announce the result of the election of the President in accordance with the Constitution, the Commission intends to delete this section and replace it with a new one which reads: “The Commission verifies that the results are transmitted and that the physically submitted results are an accurate record of the results Results that have been counted, checked and announced at the respective polling stations. ”
The Commission is also trying to amend Section 36 to give itself the power to ensure that the two-thirds gender rule is enforced Political party primaries reached. Gender rule in parliament has not been achieved since the proclamation of the 2010 Constitution.
Article 27 (8) of the Constitution requires the state to take measures to ensure that no more than two-thirds of the members of all electoral and appointment positions are of the same sex.
On a case filed by the Katiba Institute, ruled in April 2017, the court ordered the commission to develop an administrative mechanism to ensure that the gender regime was implemented achieved through political party primaries.
The Commission announced two weeks ago that it was developing rules to comply with the court order that will be submitted to stakeholders for validation prior to implementation.
For the coming into force of the regulation, the commission wants to change the law so that the nomination lists for the 290 constituency seats, which the commissioner on are submitted for registration by the parties by law, alternating male and female candidates in the priority in which they are listed.
Another change concerns § 74 on the settlement of election disputes after the primary elections of the parties . The Commission argues that there is no consensus on when to submit a dispute and when to settle it.
The Commission would like this to be changed so that disputes arising from the nomination of political parties submitted within 24 hours of the last day of official registration of candidates for election so that the commission can have a clear mechanism to hear and resolve disputes.