A committee of the National Assembly is headed for a tussle with the electoral commission and the Attorney General over the Elections (Amendment) Bill, 2022 whose introduction to the House triggered public indignation.
It is the clearest sign that MPs, want the Independent Electoral and Boundaries Commission (IEBC) blamed for the proposed law on transmitting vote results.
The bill, which was introduced in the House on Wednesday, proposes to give IEBC the power to declare results from physically delivered electoral forms, a big departure from the current requirement that insists results be transmitted electronically.
The commission, however, blames the media for “mischaracterising” the bill.
IEBC chairman Wafula Chebukati dismissed reports that the bill proposes to amend section 44 of the Elections Act that provides for the deployment of an integrated poll management system for voter registration, voter identification and results transmission.
Mr Chebukati said the bill proposes to offer a complementary mechanism “where transmission is not possible owing to lack of 3G network, which is the minimum standard required for transmission of results forms”.
He said the bill seeks to align itself to the Supreme Court judgment which nullified the outcome of the August 8, 2017 presidential election.
“The court held that election result is what is contained in the declaration form – the primary document and final results recorded at the polling station,” Mr Chebukati said in a statement on Friday evening.
The commission is required to verify results by comparing the original physical form 34A and the image of the declaration transmitted from the polling centre.
The National Assembly Justice and Legal Affairs Committee expressed misgivings, arguing that the bill has content that was not agreed on when the two sides met in Mombasa in December.
At a meeting when the two sides met to discuss the 2022/23 Budget Policy Statement on Friday, committee vice chairman Tom Kajwang said members would scrutinise the bill next week, adding that they could reject it.
“Public debate on the bill is out of context with what we agreed in Mombasa,” Mr Kajwang told IEBC Legal Affairs boss Chrispine Owiye.
Mr Owiye, alongside IEBC Chief Executive Marjan Hussei, had appeared before the committee to discuss the 2022/23 Budget Policy Statement when members digressed in the wake of debate on the bill.
“The committee offered the commission guidance on how to handle the changes. I hope you took our advice. If the AG departed from the advice, we shall ensure he takes the flak,” Mr Kajwang said.
