The Independent Electoral and Boundaries Commission (IEBC) has dismissed reports suggesting that proposed amendments to the Elections Act would eliminate the live transmission of election results or revert to manual voting methods last seen in 2007.
In a statement released on Thursday, the commission clarified that the ongoing legislative review does not intend to alter Section 44 of the Elections Act. This section mandates the use of the Kenya Integrated Elections Management System (KIEMS) for voter registration, identification, and electronic results transmission.
Instead, IEBC explained that the proposed amendments aim to introduce an alternative method for transmitting results from polling stations located in areas lacking the minimum required 3G network connectivity.
Key points of the proposed changes include:
- Maintaining the legal requirement for both electronic transmission and physical delivery of presidential election results to constituency and national tallying centres.
- Continued obligation for IEBC to tally and verify results at constituency and national levels.
- Publishing polling station result declaration forms on the commission's online portal to ensure transparency.
- Aligning the Elections Act with the Supreme Court's 2017 ruling that the physical Form 34A remains the definitive record of polling station results.
- Verifying results by cross-checking the original physical Form 34A with its electronically transmitted image before confirmation.
- Removing sections of the Elections Act previously declared unconstitutional by the High Court in the Katiba Institute case.
IEBC Chairperson Erastus Ethekon emphasized that these amendments are designed to enhance the electoral process's reliability and legal compliance, rather than undermine existing electronic systems.
The Elections (Amendment) Bill is currently under review by the National Assembly's Justice and Legal Affairs Committee.
