IEBC called upon to effect Supreme Court recommendations

Nyandarua Senator John Methu has called upon the Independent Electoral and Boundaries Commission to effect a raft of recommendations made by the Supreme Court following the disputed August 9th presidential election.

In a notice of motion set to be moved by the Nyandarua Senator also sought the Senate to condemn the actions of four IEBC officials; IEBC Vice-chairperson Juliana Cherera and Commissioners Irene Masit, Francis Wanderi and Justus Nyang’aya who distanced themselves from the results.

He also urged the Standing Committee on Justice Legal Affairs and Human Rights to study the ruling and introduce legislation that will seal existing loopholes in the electoral process.

In his motion, the Senator revisited the events prior to the announcement of the results by IEBC Chairperson that saw four commissioners alleging lack of transparency.

Last month, the Apex Court gave its recommendations in a full judgment of the Presidential Election petition on how it will solve shortcomings in future elections.

The recommendations ranged through corporate governance, election technology and statutory reforms.

On Corporate Governance Issues

  1. Parliament should consider enhancing the statutory and regulatory framework on the separate policy and administrative remit of IEBC.
  2. IEBC ought to effect formal internal guidelines that clearly delineate the policy, strategy, and oversight responsibility.

On Election Technology

  1. To avoid suspicion from stakeholders, unless where and when it is absolutely necessary, access to the servers supporting the transmission and storage of Forms 34A, 34B and 34C should be restricted to IEBC staff during the election period.

On Statutory Forms

  1. IEBC may consider simplifying and restructuring the Form 34A and include a column that accounts for stray ballots. In addition, it may consider having only one section for total valid votes. The independent body may also find it prudent to thoroughly train its Returning Officers as to what constitutes valid votes per this Court’s decision.
  2. IEBC ought to put in place specific mechanisms to allow for special voting as contemplated under Regulation 90 of the Elections (General) Regulations 2012.

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