Kenya: “Re: Consent to Institute Criminal Contempt Proceedings against Honourable Aden Duale Leader of Majority in the National Assembly and Member of Parliament for Garrisa Town Constituency” (28.12.2016)

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Opinion: Jubilee proved today their true colours with the closed sessions on amending the Electoral laws!

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“I won’t stop nor be discouraged by the noise and insults peddled by a few individuals because we know that every market has its own mad man”Uhuru Kenyatta (21.12.2016 on Twitter).

President Uhuru Kenyatta and Deputy President William Ruto are the ones in charge together with Speaker Justin Muturi who today held a blocked Plenary Session from the Media and Internet at the National Assembly at 22nd December 2016. This proves the alleged acts of misfortune as this set the precedence for the General Election 2017. None can say anything else, that all broadcast, all journalist are kept outside as the Members of Parliament and the Cabinet Secretaries are enacting a law.

Because of that matter, because of the tear-gas outside and the blocked Parliament, a disgrace to any nation and to the will of dialogue between the ruling regime and opposition is now broken, the trust between the National Assembly with the Jubilee Party under President Kenyatta does not trust their own. They do not trust the people understanding the ramifications of the law or the basic understanding of transparent acts of Parliament as they represent the people of Kenya. The Kenyans are supposed to be representing there and get people who will make the greater good for their constituency, but with this act they are hiding from the Kenyan citizens and the Republic!

“Mbita MP Millie Odhiambo has been kicked out as chairperson of Kenya Women Parliamentary Association after she insulted President” (Kenya Parliament, 22.12.2016)

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You should also worry when the MPs from Jubilee we’re carrying guns inside the chambers and there we’re 200 plain-clothed police officers presiding the events that followed in Parliament. So when they needed that much security and close of the session they had to have something powerful inside the law here is some exceptions:

Outtakes from today’s session, the Election Laws (Amendment) Act, 2016:

BVR regulations:

Section 5: 6A “The Commission shall, not later than ninety days before the date of a general election, open the Register of Voters for verification of biometric data by members of the public at their respective polling stations for a period of thirty days” (The Election Laws (Amendment) Bill, 2016).

New rules for Polling Stations:

Section 24: 38A “For the efficient and effective conduct of elections, the Commission shall determine the number of voters per polling station but such number shall not exceed five hundred voters” (The Election Laws (Amendment) Bill, 2016).

Section 39: “(1C) For purposes of a presidential election the Commission shall-

(a) electronically transmit, in the prescribed form, the tabulated results of an election for the President from a polling

station to the constituency tallying centre and to the national tallying centre;

(b) tally and verify the results received at the national tallying centre; and

(c) publish the polling result forms on an online public portal maintained by the Commission” (The Election Laws (Amendment) Bill, 2016).

48 Hours deadline to Declare Presidential Election Results:

Section 12: 39.2 “The Independent Electoral and Boundaries Commission shall, within a period of forty-eight hours from the date of the service of a presidential election petition, submit to the Supreme Court certified copies of the documents used to declare the results of the presidential election, including the forms used to announce the results of the election at the polling station and the constituency tallying centre and to declare the result at the national tallying centre” (The Election Laws (Amendment) Bill, 2016).

DPP take control over investigate after the Election:

“Clause 30 of the Bill seeks to amend section 4 of the Independent Electoral Commission and Boundaries Act, 2011 to remove the investigative and prosecutorial powers previously granted to the Commission which are proposed to be exercised by the Office of the Director of Public Prosecutions” (The Election Laws (Amendment) Bill, 2016).

When you just see this pieces and not the whole law you see the possible reaches of the IEBC and the DPP to control the BVR technology that will come shortly before the General Election, as much as they have to revise the Polling Stations as the numbers of voters are getting bound and they need more manpower to secure the amounts of polling stations during the General Election. For a new Committee it must be a headache to secure enough locations to have only 500 eligible voters in an area. Just imagine districts and parts of Nairobi County that has to revise electoral borders for each Polling Station alone and this is close to coming election. This together with the electronic biometric voting data and the generated levels of ID material that can be backlogged by the IEBC; so that can be a measure for future elections, but in the first one; it’s more of validating the results as they has such a short time to deliver the declared results to the Supreme Court to be Announced.

Still, 48 hours can buy lot of time since the die is cast and the ability to start rigging the result. We should also question the change from the independent committee to the DPP to have the power to investigate and powers of prosecution of the ones breaking the Electoral Law. That means that the Jubilee has centralized it to somebody they have also nominated and has the loyalty towards the Central Government. The DPP Keriako Tobiko will now be in charge of the investigations of election petitions and look into possible frauds and rigging. Instead of the IEBC who had the ability to do so.

If these measures we’re fine and splendid, if they we’re made to make the Government to account and make sure the Jubilee, the IEBC and the citizens who should put the trust in the Government; A government making sure for free and fair election, so the right representatives are elected by the people and for the people, to represent them and make sure the needs are met for citizens who vote for these representatives. Still, now we can see that these representatives try to fix the Electoral laws so they can fix the results with sophisticated means. It is so much more insulting, how close they try to amend the electoral laws to the General Elections of 2017. It’s like President Kenyatta following the crash-courses in governance from President Museveni, as he has done the same right before, again and again. So Jubilee government we’re scrupulous for doing it now! Peace.