Following the Supreme Court ruling on September 1 to nullify President Uhuru’s election, Jubilee politicians promised to ‘re-visit’ that decision. They immediately set out to look for ways to make it harder for the Supreme Court to nullify a presidential election, but promised not to act until the full/detailed judgement was delivered.
It was indeed delivered last week, and that strengthened Jubilee’s desire to tighten things up.
From the judgement, it was clear the judges nullified the election based on IEBC ‘refusal’ to open the servers. The results declaration forms were revealed to have had no problems, and even included the stamps, watermarks and serial numbers previously thought not to be present. But there were some disagreements on the extent IEBC went to make the server accessible to the court and to Nasa.
While the current laws already make it clear that the forms 34As and Bs are final, and that results declared at the constituency level are final, the Supreme Court had a different interpretation. They ruled that the ‘opaqueness’ IEBC conducted the electronic transmission was reason enough to nullify.
This, according to Jubilee, is the reason they have set out to eliminate any grey areas.
The amendments they hope become law makes it abundantly clear that electronic transmission is only there as a supporting cast. It states that when there is a discrepancy between the electronically transmitted results and the manually transmitted results, the results on the forms are supreme.
Though this is not stated explicitly in current laws, it has long been assumed to be the case. Jubilee says the proposed amendment will eliminate any doubt as to who is supreme between manual and electronic.
Do you support this amendment?