Proposed amendments to Electoral Law, IEBC ACT and Elections Offences Act have opened a fresh round of political confrontation between NASA and Jubilee.
NASA chief Raila Odinga argues the changes to be made to the Electoral Laws are dictatorial and want to plunge the country back to the old “dark days”.
But what are the contentious issues plaguing the electoral law changes?
According to the Standard, “Fear of foul play, conspiracy, caution against courts and bid to cover actions already” are the underlying issues plaguing the changes.
Out of 11 items in the Bill, four of them are meant to insulate Jubilee Party from fears they harbor against IEBC Chairman Wafula Chebukati.
Chebukati being the National Returning Officer for the Presidential election, he has been perceived by several quarters within Jubilee to be pro-NASA.
Especially, this is is after two infamous memos that he had addressed to CEO Ezra Chiloba were leaked to the press about two weeks ago.
He raised pertinent questions regarding confirmed irregularities by the commission in the bungled August 8 polls.
In the new Bill, the term “Chairperson” will be deleted and replaced by the definition that: “The Chairperson means the chairperson of the commission appointed in accordance with Article 250(2) of the Constitution, the vice chairperson or such other person acting as chairperson.”
The amendments are seeking to delete Section 6 (1) of the IEBC Act which required the chairperson to be “a person who is qualified to hold the office of judge of the Supreme Court under the Constitution.”
None of the current IEBC Commissioners fit this bill except Chebukati who has practiced law for more than 15 years.
However, in the new amendments, one can be appointed IEBC Chairperson as long he has a valid degree in public administration, public finance, governance, electoral management, social sciences or law and with proven experience of not less than 15 years standing.
In the event that Chebukati resigns in a huff, the new amendments propose that the Vice Chair-Connie Maina, takes over.
Further, if the two are unavailable, the commissioners can elect one of their own with as long as the quorum is “at least half of the existing members of the commission provided that the quorum shall not be less than three members.”
Senate Deputy Speaker Prof Kithure Kindiki said the Bill has no political angle especially the IEBC Act.
“These amendments on IEBC have no political angle to them. The chairman of IEBC is human and can fall sick too. And presidential election being a high stakes’ process you must insulate it from crisis of this nature,” said he.
The Bill extensively seeks to give more power to manual transmission of results over electronic transmission.
Transmission of result shall be done both manually and electronically and should discrepancies arise, manually transmitted results will carry the day.
However, Makueni Senator Mutula KilonzoJnr opines the changes to Electoral Law citing Jubilee wants to micromanage the poll agency.
“The proposals appear to address internal wrangles or partisan politics in the commission. We cannot micromanage an independent institution,” lamented Kilonzo Jnr.
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News