MPs will tomorrow hold a Special Sitting where they will make major changes to the use of technology in the general election.
The legislators will seek to change the law to give room for the IEBC to use other means of identification of voters and transmission of results where technology fails.
The issue has already pitted President Uhuru Kenyatta's Jubilee Party against the Opposition led by Raila Odinga.
The two are presumed to be the key presidential candidates on Election Day.
Yesterday, Majority Leader Aden Duale led Jubilee MPs in accusing Raila of opposing the proposed amendments without any justified reason.
Cord has convened an urgent Parliamentary Group meeting today afternoon to discuss and take a common position ahead of the Special Sitting.
The chairperson of the Committee on Justice and Legal Affairs, Samuel Chepkonga, will introduce new clauses to the Elections Act allowing the IEBC to come up with other ways besides technology to identify voters.
“Without prejudice to the preceding provisions of this section, the Commission shall put in place an alternative and complementary mechanism for identification and transmission of election results that is simple, accurate, verifiable, secure, accountable and transparent," section 44 (8A) states.
A new subsection, 8B, states that the Commission shall use the alternative mechanism referred to in subsection 8A for identification and transmission of election results only where the technology initially deployed fails.
However, the IEBC will be required to notify the public and all candidates and shall immediately cause the notification to be published in electronic media and in at least two daily newspapers of nationwide circulation, detailing the reasons necessitating the use of the alternative mechanism.
Chepkonga will also move several amendments to the Bill, adjusting major timelines.
Section 44 of the Elections Act, 2011, is to be amended in subsection (4) by deleting the word “eight” appearing in paragraph (a) and substituting the word “six”.
This means that the law will be amended to allow the IEBC more time to procure elections the technology to be used to identify voters and transmit results.
Section 44(4) of the Elections Act currently states: “The Commission shall, in an open and transparent manner procure and put in place the technology necessary for the conduct of a general election at least eight months before such an election."
On Saturday, Cord leader Raila Odinga warned that the Opposition will not allow any attempts to review the law negotiated by the joint parliamentary select committee on the IEBC.
Odinga maintained that the law is irreversible, noting that it was arrived at after lengthy consultation between all the stakeholders and ICT experts.
Duale will move an amendment to the Election Laws (Amendment) (No.3) Bill, 2015, postponing the requirement that candidates for MCA should have a university degree.
"(1A) Notwithstanding subsection (1), this section shall come into force and shall apply to qualifications for candidates in the general elections to be held after the 2017 general elections," the new clause states.
MPs had passed the clause requiring that MCAs have degrees but they resolved to recommit the clause during tomorrow's sitting.
According to Raila, following lengthy deliberations, the joint committee came up with a compromise solution that provided for the use of Biometric Voter Registration.
Raila stated that the Biometric Voter Registration is what will necessitate electronic voter identification through the use of Electronic Voter Identification Devices (EVIDs).
He said this is what is going to prevent ghost voters and provide free, fair and transparent elections, adding that they will not allow anything less than a fair electoral process.
Raila warned the Jubilee administration that the public will not accept the results of rigged elections, arguing that a repeat of the 2007/08 post-election violence might occur.
But yesterday, Jubilee said it will support the IEBC to amend the electoral reforms agreed between the party and Cord that resulted from mass protests by the Opposition mid-this year.
Duale yesterday said Raila wants the electoral process digitised so that he can rig the next elections.
“We should have two options for voting so that when the digital fails, then people can use the analogue system and enjoy their right to vote. Raila Odinga is an expert of everything from BVR, ICT, procurement and anything that comes up,” Duale said.
He added, “Odinga wants to use his last bullet so that he can create a ‘nusu mkate’ government. You people should tell him that ‘nusu mkate’ governments do not exist.”
Chepkonga will also move an amendment to the Elections Campaign Financing Act, 2013, whose requirements have taken the Opposition to court.
"Section 6 of the Elections Campaign Financing Act, 2013, is amended in subsection (5) by deleting the word ‘eight’ appearing in paragraph (a), and substituting therefor the word ‘two’," the proposed amendment contained in tomorrow's Order Paper states.
The part to be amended required politicians who want to participate in next year’s elections to have submitted their campaign finance bank account details and authorised persons to the IEBC by December 8.
Last week, ODM sued the IEBC for the requirement that all candidates for elective posts appoint authorised persons and form campaign committees, terming it "unreasonable".
The party argued that the Election Campaign Financing Act is likely to affect many of its candidates and went to court.
“The decision, if not prohibited or quashed, will affect and, or lock out thousands of ODM [hopefuls] who have expressed their interest or are yet to express interest for various elective posts,” lawyer Antony Oluoch said in court papers.
Suna East MP Junet Mohamed, the ODM director of elections, yesterday warned of chaos in the House reminiscent of the passage of the contentious Security Laws in 2014. He called the amendments “a scheme by the IEBC”, which he said is working for Jubilee to revert to manual voting because it “aids election rigging.
“We don't understand why JLAC is anticipating failure of the election equipment in which Kenyans are investing over Sh10 billion. This is a replica of the 2013 scenario.”