NASA wants Jubilee’s proposed amendments on electoral laws be part of talks with IEBC

NASA CEO Norman Magaya (left) and Jubilee representative to the IEBC talks Kipchumba Murkomen during discussions on the repeat poll at Bomas of Kenya. [Beverlyne Musili, Standard]

Talks between the electoral agency and presidential candidates were suspended on Wednesday after the Opposition said they could not proceed in light of Jubilee’s push to change electoral laws.

The meeting to bridge the rift over the October 26 presidential repeat poll stalled after the National Super Alliance (NASA) said whatever they were discussing was futile following the drafting of a bill sponsored by Jubilee seeking to amend electoral laws.

NASA insisted the talks could not proceed as the proposed changes would fundamentally affect the issues that were part of the consultative meeting.

Consequently, the Independent Electoral and Boundaries Commission (IEBC) resolved with Jubilee and NASA representatives to begin the talks this morning with the amendments being part of their agenda.

“We have resolved to postpone this meeting until tomorrow (today) at 10am so that the bill can be part of the agenda,” said IEBC Chairman Wafula Chebukati.

Jubilee is expected to table the bill that seeks to introduce radical changes to the electoral laws with less than a month to the polls.

This is after the ruling party used its numerical strength to push a procedural motion to have a sitting this morning for the introduction of the bill.

Some of the changes Jubilee is seeking to make include entrenching manual transmission of election results as the primary means, while the electronic transmission will be in place for backup purposes.

The ruling coalition also wants to include a clause in the law that will make it mandatory for the Supreme Court to order a ballot recount in the event of a presidential poll petition.

Vote transmission

Addressing a rally in Isiolo town yesterday, Deputy President William Ruto maintained  that electoral laws will be changed, arguing the review is necessary to redress shortcomings cited by the Supreme Court when it nullified President Uhuru Kenyatta’s election. “That (ruling of the court) is what we are going to do by reviewing the law and Parliament will do that exactly.

“The court ruled that if electronic system of vote transmission fails, then the manual system should be in place so that the votes of millions who cast their votes on August 8 are also counted,” Ruto said.

But NASA secretariat Chief Executive Norman Magaya said in a tweet shortly after leaving Bomas, the venue of the talks: “It’s a golden rule of the thumb: You can’t change rules of the game at half time. This impunity by Jubilee will be fervently resisted & defeated.”

It highlighted the hardline positions the parties are adopting. Chebukati, accompanied by all the other six commissioners, had called the meeting to seek a truce following a raft of demands, especially from NASA, seeking several changes within IEBC as a condition for them to participate in the polls.

The NASA team was led by Siaya Senator James Orengo, lawyer Paul Mwangi and Magaya, while Jubilee was led by Senate Majority Leader Kipchumba Murkomen, Jubilee Secretary General Raphael Tuju and chief presidential agent Davis Chirchir.

Nine demands

The Opposition has issued nine demands they term as ‘irreducible minimums’, among them the removal of IEBC chief executive Ezra Chiloba and 10 senior officials whom they accuse of bungling the August 8 polls.

NASA has also demanded IEBC changes the printer from Dubai-based Al Ghurair, which they accuse of printing an extra two million ballot papers.

On Monday, IEBC indicated it had engaged the United Nations Development Programme, to finance the procurement of ballots and declaration forms in their quest to ensure the integrity of the exercise.

However, the proposal has already been opposed by both NASA and Jubilee, while Treasury wrote back to IEBC emphatically rejecting the deal. “We wish to confirm that the National Treasury provided adequate funding to IEBC in the financial year 2016/17 budgets to finance the national elections, including procurement of necessary materials and equipment,” the letter said.

IEBC had indicated although it has a framework contract with Al Ghurair, the UNDP offer was a welcome relief.