- Chebukati had submitted the regulations for consideration by Parliament in line with the constitution.
- They were part of the issues raised in the historic apex court judgement
Image: EZEKIEL AMING'A
The electoral body suffered a setback on Tuesday after MPs rejected elections regulations.
IEBC had sought Parliament's assistance to amend the proposal on registration of voters, party nomination list, and voter education regulations.
National Assembly Delegated Legislation Committee chaired by William Kamket dropped the proposed amendments arguing that some of the proposed regulations are not in tandem with the Constitution and Elections Act 2021 contrary to Section 13(a) of the Statutory Instruments Act 2013.
“The IEBC may not have adhered to the statutory timelines and the House may need to extend time if it has to allow deliberations on the regulations,” read part of the committee report tabled on Tuesday.
IEBC chairman Wafula Chebukati had submitted the regulations for consideration by Parliament in line with the constitution.
They were part of the issues raised in the historic apex court judgement that nullified the 2017 presidential elections results.
The setback now takes back the electoral agency back to the drawing board as it had applied the regulations, especially voter registration, party primaries and party lists with House approval.
In the proposals, the election referee had sought to have results forms from polling stations physically delivered a complete departure from the current system where the image is relayed.
Election Act Section 109 (3) stipulates that the power to make regulations shall be exercised only after a draft of the proposed regulations has been approved by the National Assembly at least preceding a general election, and further that the commission publish the regulations approved by the National Assembly in the gazette notice not later than 60 days before the date of the general elections.
Kamket committee faulted some of the IEBC's proposals stating they were based on a yet to be enacted Elections Amendment Bill 2019.
“Whereas the commission is required to present a public participation report on regulations due to competing election programmes and activities, the regulations are yet to be subjected to public participation. However, the same is planned to be undertaken soon.”
“The committee resolves to recommend to the House to adopt the report recommending not to approve the five sets of regulations for contravening the constitution,” Kamket said.