One week after President Uhuru Kenyatta said he did not assent to the Election Amendment Bill (2017) to avoid changing the rules of engagement in the repeat poll, the Bill has become law.
This is after it was gazetted on Thursday, 21 days after Senate approved the amendments passed by the National Assembly.
The Bill had been presented to President Uhuru but he said he failed to either assent or reject it, making it become law after 14 days.
During his acceptance speech after he was declared the winner of the October 26 poll, Uhuru said the re-run
was not easy as rules of engagement changed.
"I listened to all
voices
regarding rules of engagement in the run-up to the elections and decided not to sign the document because
the law should be reasoned based on principles," he stated.
In the Bill, the
Supreme Court will not be able to annul an election of the President 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,” it reads.
Read;
The Bill then
redefines the definition of the chairperson of IEBC whereby the election results can be announced even in the absence of a Chair.
“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,” states the Bill.
According to the Constitution,
if the President fails to assent to a Bill after 14 days or
revertitto
Parliament
with recommended suggestions, then it becomes law.
Uhuru was to face NASA chief Raila Odinga but he withdrew citing lack of electoral reforms and claimed the outcome had already been determined.
Nasa
senators had said they will challenge the proposed amendments to the electoral laws in court once Parliament passes them.
Senators Moses Kajwang (Homa Bay), Mutula Kilonzo Jr (Makueni) and former Kakamega Senator Boni Khalwale said the case will be hinged on the fact that the procedure is unconstitutional.
They said the process of both Houses forming two separate Select Committees to scrutinize the bills contradicting each other is unlawful.
Read:
Also read;