National Super Alliance (NASA) supporters take part in the bi-weekly protest in Nairobi, capital of Kenya, Oct. 11, 2017. NASA supporters continue to demonstrate against the Independent Electoral and Boundaries Commission (IEBC) officials, despite the opposition leader Raila Odinga pulling out of the scheduled October 26 presidential re-run, and demanding fresh elections in the next three months. (Xinhua/Charles Onyango)
NAIROBI, Oct. 12 (Xinhua) -- The Kenyan parliament on Wednesday passed an amendment to the country's electoral law despite criticism from opposition lawmakers.
Lawmakers from the ruling Jubilee Party approved a report by the Joint Select Committee on Election-related Laws allowing the Independent Electoral and Boundaries Commission (IEBC) to declare a candidate the winner if his or her only competitor withdraws from the poll.
Committee chairman William Cheptumo said the amendment seeks to address the anomalies that led to the Sept. 1 nullification of the re-election of President Uhuru Kenyatta.
"Where there is a discrepancy between the electronically transmitted and the physically delivered results, the commission shall verify the results and the result which is an accurate record of the results tallied, verified and declared at the respective polling station shall prevail," Cheptumo told parliament.
The proposed changes to the electoral laws by the ruling Jubilee party has created division among Kenyans ahead of repeat polls scheduled for Oct. 26.
While some, in particular Kenyatta's supporters, believe the changes are good and are what the country needs before the polls, those supporting Odinga, who withdrew from the repeat race on Tuesday, oppose the amendment, describing it as a rigging plot.
The proposed amendment states that the IEBC chairperson may declare a candidate elected as the president before all the constituencies have transmitted their results if the commission is satisfied the results that have not been received will not affect the result of the election.
The amendment to the Elections Act also compels the electoral commission to develop a complementary backup system other than the electronic system, which was previously provided for as the only constitutional mode to transmit the results.
The amendment states that, in case of any discrepancy between the electronically transmitted and the physically delivered results by returning officers to the national tallying center, the manual results shall prevail.
The controversial amendment, which was roundly criticized by opposition legislators, also states that a court shall not declare an election void for non-compliance with the law if it appears that the election was conducted in accordance with the principles laid down in the constitution and that the non-compliance did not substantially affect the result of the election.
The financial penalties on election officials who fail to do their job will also be doubled, from about 10,000 U.S. dollars to 20,000 dollars, in addition to a five-year jail term.
