As expected, the proposed changes to election laws have
elicited mixed reactions which is healthy in any democracy such as Kenya. But
despite what different people are saying, these changes should be supported by
all as they are meant to address the irregularities and illegalities the
majority judges cited as grounds for the nullification of the August 8
presidential elections by the Supreme Court of Kenya. We must also note Chief
Justice David Maraga cautioned the Supreme Court would not hesitate to nullify
the repeat presidential election if the same irregularities and illegalities
reoccur. That is why I am disheartened by the decision by NASA legislators not
to participate in amending the laws. They claim adequate consultations were not
made, which is just an excuse. It is important that NASA supports this crucial
journey to ensure the repeat presidential election is free, credible, and fair,
just as they wanted. After all, Parliament is the constitutional organ where
the will of Kenyans is expressed, through their legislators. The amendments
fully entrench recognition that the voters expresses their will through the
ballot. The method of transmission, whether electronic or manual, is simply a
process of taking the will of the voter to the national tallying centre. Hence,
minor discrepancies in transmission should not be used as grounds to nullify a
presidential election. The proposal to provide an avenue where, in the absence
of the IEBC chairman or his deputy, any other commissioner can step in to announce
the final results or oversee any other business, is critical as it shields the
commission from being held hostage by anyone or a group of individuals. The
amendments also provide stiff penalties for returning officers who try to
subvert the will of voters by falsifying or interfering with results. It is sad
to hear the judges may have unknowingly relied on forged documents to nullify
the presidential election. They reinforce the fact the ballot is the only proof
of the voter’s will and that in case of a dispute, the best recourse is to
reopen the ballot boxes for a recount of the votes. The possibility of hackers
altering the will of the people will also be eliminated. There will be no
claims of computer-generated leaders as data submitted electronically will be
affirmed by that contained in forms 34A and 34B, which the returning officers
must certify. But MPs should reconsider some clauses in the procedure at
presidential elections so that they can still go on even in the event of
unforeseen hurdles.