IEBC chairperson Wafula Chebukati has defended the Elections Laws (Amendment) Bill, 2022, which has attracted numerous criticism across the political divide.
In a statement on Friday, Chebukati dismissed reports indicating that the Bill seeks to scrap live transmission of elections results and replace it with a manual method.
He said the Bill is after ensuring that when the electronic method fails, the manual transmission of elections results comes in handy and ensures the electoral process is not brought to a halt.
“The Bill proposes a complementary mechanism for result transmission to address instances where transmission of results is not possible owing to lack of 3G network which is the minimum standard required for transmission of results Form.”
Chebukati said the Bill aligns with Supreme Court Judgement in the Presidential Election Petition number 1 of 2017 in which the Court held and decreed that election results are what is contained in the election results declaration form 34A.
Form 34 A is where the final result is recorded at a polling station.
He said that the commission is required to verify the results by comparing the original physical form 34A and the image of the result declaration form as transmitted from the polling station.
Chebukati disclosed that they are after ensuring that live and manual transmission of results complements each other to avert a crisis.
“The Bill proposes that the Commission will inter alia electronically transmit the image of the statutory election result declaration form filled by the Presiding Officer (PO) and witnessed by Political Parties and Candidates Agents present at the polling station.”
The IEBC boss assured all stakeholders of access to the portal where the election results will be posted.
Chebukati divulged that the Bill will delete the provisions of the Elections Act which were annulled by the High Court in the Katiba Institute case, where the Court declared void the provisions of Sections 39 (1C) (a), 39(1D), 39(1E), 39(1F), and 39 (1G) and Section 83 of the Act.
“The effect of those declarations is that the results process and the standard by which elections is to be determined by the Court does not exist. The law must therefore be amended to cure the gap which was occasioned by the Court decision.”
He has assured Kenyans that the commission the election results management path will be transparent, secure and accountable.
Edited by B. Marita
