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ICC Note

Kenya’s election process continues to be full of strife and controversy. As of now, the Kenyan government is trying to pass certain laws that would fundamentally change the way that the election process takes place. The most important of these laws is one that would replace the head of the electoral committee. This would give the president more power to have himself re-elected than previously. It may also end this stalemate that has been in place since the initial elections in early August.


2017-11-03 CAR (WorldWatchMonitor) A controversial set of amendments to Kenya’s electoral act became law on Thursday, just days after a divisive presidential poll boycotted by the opposition.

The amendments, condemned by the opposition as well as Kenya’s foreign allies, were automatically gazetted after President-elect Uhuru Kenyatta failed to sign the bill within 14 days or send it back to parliament.

Lawmakers from Kenyatta’s Jubilee Party introduced the amendments after the Supreme Court annulled an August 8 election due to “irregularities and illegalities” and mismanagement by the Independent Electoral and Boundaries Commission (IEBC).

Coming ahead of the re-run, the opposition saw the planned bill as a means to enshrine in law the failings cited by the Supreme Court.

However Kenyatta, under pressure from diplomats, did not sign the amendments before the repeat election on October 26, which he won with a crushing 98% of votes cast.

Electronic transmission of results

Under Kenyan law, if the bill is not sent back to parliament or signed within 14 days, it automatically becomes law.

The amendments limit the power of the chairperson of the IEBC, making it possible for a deputy or member of the commission to take over the role – which includes declaring the victor of the race – in case the position becomes vacant.


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