PARLIAMENT TO SET LAWS TO GOVERN IEBC , SUPREME COURT RECOMMENDS.

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Supreme Court of Kenya./PHOTO BY S.A.N.

BY SAM ALFAN.

The Supreme Court of Kenya has tossed the ball to Parliament to pass laws enhancing the statutory and regulatory frameworks of IEBC.

The apex court in a 133 page judgement said that the corporate governance issues, election technology and constitutional reforms needed to be addressed for credible elections to be carried out.

For IEBC to deliver a credible presidential election, the supreme court proposed recommendations aimed at strengthening the electoral body and in managing the election.

“It is clear to us that there is legal, policy and institutional reforms that are urgently required to be addressed the glaring shortcomings within IEBC,” said the unanimous decision by the Supreme Court Judges.

The top court further said IEBC ought to effect internal guidelines that clearly delineate the policy strategy and oversight responsibility of the chairperson and commissioners, and develop institutionalized guidelines on how to manage separation of administrative policy domain.

“The roles of the chairperson, commissioners and Chief Executive officer , other staff and third parties should be clearly set out in both legislative and administrative edicts as stipulated above,” said supreme court in it decision.

On election technology, the Supreme Court said to avoid suspicion from the stakeholders, access to servers supporting transmission and storage of Form 34A, 34B and 34 C should be restricted to the commission staff during the election period, unless where and when it’s absolutely necessary.

The judges also recommended that IEBC should ensure that servers supporting elections and those serving their internal administrative work are distinct and separate.

“This would then allow the court, should the need arise, to carry out forensic imaging of the same without compromising or infringing any third party agreement,” said the Apex court.

The judges further recommended that the commission may consider simplifying the restructuring of Form 34A and include a column that account for stray ballot.” In addition, it may consider having only one section for total valid votes.”

The decision further recommends the electoral body to find it prudent to thoroughly to train the Returning officers as to what constitutes votes per Supreme Court decision.

Lastly, the Judges recommended that the commission ought to put in place specific mechanisms to allow for special voting as contemplated under Regulation 90 of the Election (General) Regulations 2012.

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