July 2017

Aug. 3, 2017 (10 months, 3 weeks ago)

NASA Court cases against the IEBC A three-judge bench hearing a judicial review filed by the National Super Alliance (NASA) found that the Electoral Commission failed to conduct adequate public participation, a move that goes against constitutional requirements. The bench which included Justices Joseph Mativo and George Odunga found that public participation in the direct procurement process was necessary for free, fair elections. Further, the bench found IEBC’s decision to meet representatives of Jubilee and NASA at the exclusion of other parties fielding presidential candidates was inappropriate.

NASA went to court seeking orders for postponement of the General Election should the electronic system fail on polling day. NASA told the court that the electoral agency has failed to put in place a complementary system as required by law. NASA told the court that should the electronic system fail on August 8, Section 55(b) of the amended Elections Act allows the electoral agency to postpone the election until a complementary system is put in place. In the same breadth President Kenyatta said that election cannot be postponed.

IEBC’s Election readiness A report dubbed “Ready or not?”, released by Africa Centre of Open Governance (AFriCOG) that assesses pre-election readiness of the country, says the Independent Electoral and Boundaries Commission (IEBC). The poll agency is time barred and needs to move with speed on key and critical issues touching on Presidential ballot papers, voter register, electronic relaying of results and efficiency of its electronic voting kits. The lobby via the report demanded that the commission publicly tests electronic system technology that will be used during the voting day.

Elsewhere, the Court of Appeal ruling on the printing of presidential ballot papers put to rest a controversial matter that had threatened to derail the August 8 elections. The High Court had stopped the award of the contract to the Dubai-based Al-Ghurair firm, after concerns were raised that there was not enough time to start the tendering afresh, award the contract and have the ballot papers printed and delivered in time. In the end, the Court of Appeal ruled that the grounds for cancelling the contract were not justifiable. The ruling cleared way for August election.

Further, the High Court threw out a petition in which three voters wanted the electoral agency compelled to announce presidential results within seven hours after closure of polling stations. Justice David Majanja ruled that the petitioners failed to demonstrate that the Constitution requires the commission to announce the outcome within seven hours.

Observers insist on a free and fair election Former US Secretary of State John Kerry came to Kenya to observe elections. Kerry is co-leading an observation mission sent here by the Carter Centre. Kerry urged all political parties and candidates to support a fair, orderly, credible and non-violent electoral process; respect the electoral code of conduct; and keep faith with the Kenyan people.

Wavinya cleared by the court Machakos Wiper governor aspirant Wavinya Ndeti got cleared after the High Court directed the IEBC to include her name in their Gazette notice. Justice George Odunga on Friday temporarily set aside a ruling by the IEBC disputes tribunal that nullified her Wiper nomination. Wavinya is said to have membership in two political parties.

NASA complains of a rigging plan & rolls out adopt a polling station Raila Odinga claimed that acting Interior Cabinet Secretary Fred Matiang’i was working closely with the poll agency to rig the forthcoming General Election. In unsubstantiated claims, Odinga said that Dr Matiang’i has had several meetings with the Independent Electoral and Boundaries Commission under the pretext of discussing security matters but top on the agenda has been rigging plans.

National Super Alliance (NASA) appears ready to have confrontations with the government after it stood firm on its ground on its controversial plan of adopting a polling station. NASA plans to have its supporters stationed on the polling stations across the country. The plan by NASA is likely to compromise security and the credibility of the election.

Cabinet secretary identifies possible security threats Terrorism, organised criminal gangs and banditry are among the key threats security agencies are struggling to deal with to ensure the electioneering period is peaceful. Hateful and inciting statements on social media are also possible threats to peace as gear towards 8th August.

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