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Election Laws Amendment Bill 2017 : What the parliament changed and why IEBC chairman is opposing it

Ezra Chiloba, the commission secretary and chief executive officer of the Independent Electoral and Boundaries Commission, at Parliament Buildings in Nairobi on May 17, 2016. Photo: Nation

Talks between the Jubilee Party and the opposition on Thursday flopped after the parliament pushed through bills to amend election laws.

The opposition coalition NASA walked out of the meeting accusing Jubilee of using their majority powers in parliament to force the amendment of election laws.eduction of time for publication of the Bill on Amendments to Electoral Laws, IEBC

The parliament on Thursday voted to reduce the time for publication of the Bill on Amendments to Electoral Laws, IEBC Act and Election Offences Act.

Publication time was brought from 14 days to one day.

The new Election Laws amendment Bill 2017 tabled in parliament Thursday reads that:

  • IEBC shall electronically and manually transmit tabulated results.
  • Where there is a discrepancy between electronically and manually transmitted results, manually transmitted results will prevail.
  • Qualifications for an IEBC chairperson do not include a background in law
  • IEBC vice chair shall assume the duties of the chairperson in his/her absence
  • Returning officers and other officials that refuse to sign forms to be punished.

Jubilee members of parliament defended their move, arguing that they are following the law which recognizes the majority in passing the bills.

“We cannot apologize for our majority in the two Houses,” Prof Kindiki was heard telling Nasa during the meeting. “When the Supreme Court delivered a majority ruling it was fine with you. When we exercise our powers using our majority in the parliamentary process it becomes bad? No way.” Kindiki says.

Mr. Orengo condemned the bill saying that if enacted,  it would change the way elections are conducted and that some of the proposed amendments are so drastic.

“We have walked out of the meeting because the rules of the games are being changed midstream. They are creating a legal regime that will help them rig elections,” he said.

“If we have reached a point where laws can be changed through the backdoor, Nasa has no choice but to walk out and leave them to their desires because Jubilee is determined to return Kenya into a dictatorship,” said Mr Orengo.

NASA threatened to unleash a bombshell that will make October 26 just an ordinary day without any election taking place.

”Let Jubilee know that they will not get away with this. A bombshell is awaiting them. October 26 is just another day on the Kenyan calendar. There will be no election,” said NASA lawyer Norman Magaya.

Profesor Kindinki fired back at NASA, saying they are only looking for reasons to stay away from the talks because they are not ready for elections.

The IEBC chairman Mr. Chebukati sided with the opposition, saying that the commission did not need the laws changed according to the Supreme Court ruling, but only needed to rectify some areas.

“We have looked at the Supreme Court judgment and we have identified areas that were the basis for nullification of the vote. It was about transmission and forms 34A, not laws. We don’t need any other law for now,” said Chebukati, pointing out that the law as it exists is sufficient.

By Jamhuri News Reporter

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