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Fast-track hearing of election cases, Chebukati asks judges

Fast-track hearing of election cases, Chebukati asks judges
IEBC chairperson Wafula Chebukati. PHOTO/Courtesy
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The electoral agency has appealed to judges to finalise pending appeals related to elections.

Independent Electoral and Boundaries Commission (IEBC) argues the move will help to avert instances where it will be unable to enforce court orders because of time constraints.

Already, the commission has registered five more candidates based on appeals lodged at the High Court following dissatisfaction with its Dispute Resolution Committee. During his keynote speech at the launch of the National Elections Conference (NEC) at the Kenyatta International Convention Centre yesterday, IEBC chair Wafula Chebukati revealed that the agency will hire more than 300,000 temporary staff to support the elections.

Commission has employed on temporary basis an additional 47 Deputy County Returning Officers and 290 Deputy Constituency Returning Officers.

Temporary staff include Presiding Officers, Deputy Presiding Officers, poll clerks, ICT clerks and Logistic assistants.

Electoral agency has also deployed its permanent staff as Returning Officers in each of the 47 counties and 290 constituencies, and in addition, 290 permanent staff have been deployed as Constituency Deputy Constituency Returning Officers.

 “Commission has concluded recruitment of temporary poll officials before thoroughly training them on polling, counting and managing election results. We request that the poll officials be accorded all the support they need and condemn the ethnic profiling of Returning Officers and their officers,” Chebukati warned.

Chebukati also noted that the ethnic profiling of poll officials is not only designed to intimidate them but may also incite members of the public to cause them harm. He has since requested the Directorate of Criminal Investigations to apprehend perpetrators for prosecution.

Shortest time

Speaking at the function, Chief Justice Martha Koome said cases with a bearing on the conduct of the upcoming General Election have been isolated and will be expedited within the shortest time possible.

Koome reiterated that all election-related matters including 31 post-nomination disputes will be heard continuously until concluded.

“Judiciary remains a custodian of the rule of law. We will do everything to ensure  we play our part in adjudicating electoral disputes competently and within the dictates of the law,” Koome said in a speech read by Supreme Court Judge Njoki Ndung’u.  The CJ urged all State agencies, voters and the political class to play their role in the electoral process to ensure there is free, fair and credible elections.

CJ further noted that the 2022 election cycle is the third since the overhaul of electoral laws, principles, standards and institutions with the enactment of the 2010 Constitution.

“The Judiciary is at the tail-end of implementing a comprehensive Election Preparedness Work-Plan that has ensured the Judiciary is now able to discharge its dispute resolution mandate competently and within the stipulated timelines with respect to any electoral disputes,” she said.

Koome at the same time disclosed that the Judiciary Committee on Elections and the Kenya Judiciary Academy have already conducted training programmes that targeted judges, magistrates and Deputy Registrars on Electoral Disputes Resolution (EDR).

She said all those who will hear and determine EDR matters are equipped with the requisite knowledge, skills, and competencies to apply relevant laws and determine electoral disputes effectively, efficiently, expeditiously and fairly.

On her part, British High Commissioner Jane Marriot said her government’s fundamental interest is that Kenya becomes more stable and prosperous.

“In line with our commitment to helping strengthen governance institutions in Kenya, we have supported key electoral institutions to build upon the lessons from the 2017 General Election,” she said.

Targeted support

“Our three-year Kenya Elections Support Project has provided targeted support at the request of IEBC, in areas such as legal reforms, voter education, mobilisation for voter registration, strategic communications and elections security management,” Marriot said.

She further called on political contestants to promote peace and unity, rather than division and conflict.

“The world’s attention is on Kenya, and friends of Kenya remain available to support  citizens and the  Kenyan Government in its preparation for August elections. I am confident that through this conference, there will be renewed commitment by all stakeholders to commit to free, fair, credible and peaceful elections,” Marriot added.

 Chebukati told the delegates that IEBC has already procured all the strategic election materials including more than 130 million ballot papers and election technology.

He explained that the ballot papers for the presidential vote including diaspora and prisoners are 22,120, 458, Member National Assembly (22,102,532), governor (22,102, 532), senator (22,102,532), Woman Rep, excluding Kericho County (21, 674, 465) and County Assembly excluding Ravine in Baringo and Sabena in Garissa) at 22,088,091 30 respectively.

The three elective seats have been excluded because there was only one candidate each and will therefore be declared elected unopposed.

“The procurement exercise is therefore on course, save for ballot papers for electoral areas with restraining court orders related to the nomination of candidates, and is expected to be concluded in good time for the conduct of the election,” Chebukati said.

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