The Election Amendment Bill (2017) is now a law despite President Uhuru Kenyatta not signing it a week ago when 14 days elapsed.
The Bill was gazetted on Thursday and has its date of accent as October 28. This was 21 days after the approved amendments were passed by the Senate and the National Assembly.
“This Act may be cited as the Election Laws (Amendment) Act, 2017 and shall come into force upon publication in the Gazette,” it states.
President Uhuru Kenyatta failed to assent or reject it making it to automatically become a law.
Earlier, pundits ad argued he would not assent to it and take it back to Parliament with a memorandum.
The new law has an express provision that will make it hard for the Supreme Court to nullify a presidential election based on minor inconsistencies.
“A Court shall not declare an election void for non-compliance with any written law relating to that election if it appears that (a) the election was conducted in accordance with the principles laid down in the Constitution and in that written law, and (b) the non-compliance did not substantially affect the result of the election,” states a clause in the new law.
Another significant provision of the bill is a clause that redefines the term Chairperson of the IEBC.
It states that in the absence of IEBC Chair, the Vice Chair of the electoral Commission can announce the Presidential winner.
“A chairperson of the Independent Electoral and Boundaries Commission means the chairperson of the commission appointed in accordance with article 250 (2) of the constitution or the vice chairperson or a member of the commission while discharging the functions of the chairperson.”