LSK and business leaders call for consensus on election laws

Stakeholders have called for political consensus to iron out the grey areas in the Elections Law (Amendments) Bill, 2015.

The Bill that was passed by the National Assembly last week has generated political heat as sharp divisions emerged between the Government side and the Opposition.

Presenting their views to the Senate Legal Committee chaired by Busia Senator Amos Wako, the stakeholders said if dialogue was not given a chance, the country might be headed for chaotic elections.

Isaac Okero, the president of the Law Society of Kenya (LSK), said a restoration of the process of bipartisan participation was the only solution to avoiding the uncertainty that threatens to taint preparations for the 2017 elections.

"It is the absence of bipartisan consensus that is leading to mistrust and suspicion in the proposed amendment to Section 44 of the Elections Act with the introduction of Section 44A that creates a complementary mechanism for identification of voters and transmission of results but does not define the term complementary," Mr Okero said.

He said dialogue would ensure that there was no suspicion about the absence of accountability that might raise questions about whether the elections will be free and fair.

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"The passage of the laws was marked by threats, acrimony and actual violence within the chamber. LSK supports electronic and biometric systems that promote trust and honesty in elected governments," Okero said.

Ezra Chiloba, the chief executive of the Independent Electoral and Boundaries Commission (IEBC), said the deadlock could only be resolved if parties held an honest and candid conversation.

"It should be on record that when the new laws were enacted, the IEBC was never consulted and indeed the general public. This is understood given the political context at the time the laws were negotiated," Mr Chiloba said.

"We have always advocated for a bipartisan approach in resolving these issues. Now that the Bill is before the Senate, we call for the same bipartisan approach," the CEO said.

Kenya Private Sector Alliance board member Jeremy Awori called on the political leaders to put the country first by amicably resolving election-related disagreements.

"We need a country where business thrives so that we can grow the economy and employ our youth. This calls for dialogue to solve the current political stand-off," he said.

And Vimal Shah, chairman of Mkenya Daima, noted that Kenya needs a truly independent IEBC and political consensus on the credibility, impartiality and effectiveness of electoral processes.

"We call for freedom of citizens to exercise their political rights and free and fair elections based on secret ballot, free from violence, intimidation, corruption and transparent," Mr Shah said.

Churchill Suba of the Civil Society Reference Group urged Senate not to pass the new laws.

"Let Senate demand that biometric voter registration, electronic voter identification and electronic transmission of results be retained," he said.