The controversial Election Laws (Amendment) Bill 2017 will come into force on Friday, with or without President Uhuru Kenyatta's assent, Aden Duale has said.
The
National Assembly majority leader this will be the case as 14 days will have lapsed since the legislation was passed in Parliament.
Duale told The Star on Tuesday that Uhuru has the options of returning the Bill to Parliament with a memorandum for
changes or signing it before Friday, failure of which it automatically takes effect.
The constitution requires the President to sign the Bill within 14 days after it which it is gazetted as immediately effective.
"The President must be listening to many Kenyans and our friends. We, the legislators have done out bit," said Duale, who is Garissa Town MP.
"He has until October 27 to make the decision, including returning the Bill to Parliament with a memorandum proposing changes on some clauses."
Uhuru received the Bill, which has been criticised both locally and internationally, on October 13 from National Assembly Speaker Justin Muturi.
This was after it was passed and endorsed by the Senate without any changes.
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The Opposition, political commentators and Kenyans have been wondering why Uhuru has taken too long to assent to the Bill meant to seal loopholes in electoral laws.
Uhuru says he is still studying it and that he will act on it at the right time, amid
warnings by trade union leaders, clerics and western envoys led by US ambassador Robert Godec.
The laws are expected to fill gaps that saw Uhuru's August 8 win nullified by the Supreme Court over irregularities and illegalities.
Duale disclosed that Jubilee came up with the Bill to deal with "partisan" IEBC commissioners with "ulterior motives".
"This law was specifically meant for IEBC commissioners' behaviour...[chairman Wafula] Chebukati and [Roselyn] Akombe seemed partisan," said the legislator.
"The law was created so that in the event the IEBC chairman resigns, the vice chair takes charge or any commissioner takes over. A commissioner would also take over if the VC resigned."
Akombe resigned as commissioner saying she could not effect changes at the commission because of various constraints. It had been expected that Chebukati would also quit but he said he determined to manage a credible election.
But the chairman admitted he could not guarantee a free, fair and credible process.
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Duale further said the
election is "bigger" than Chebukati, Akombe and any commissioners' partisan interests.
The MP slammed three petitioners who have moved to the Supreme Court for Thursday's fresh poll to be postponed.
The applicants have cited Chebukati and Akombe's sentiments that the environment is not conducive for a free, fair and credible election.
"The election must be done within 60 days as provided by Article 138 (9) of the constitution. Supreme Court judges led by Chief Justice David Maraga cannot overturn their order unless Kenyans amend the provision."
The majority leader said the election date can only be extended to October 31 to fall within the timeline.
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