Narc Kenya leader Martha Karua has reacted to the Supreme Court's recommendation to the IEBC as highlighted in its detailed judgement released on Monday, September 26, 2022.
Karua was one of the petitioners who challenged the election of William Ruto but the Supreme Court dismissed their petition.
The apex Court in its detailed judgement offered IEBC some recommendations on how to work and sort out issues within the commission.
The recommendation was on a myriad of issues ranging from Corporate Governance Issues, election technology issue, and statutory forms.
Read More
But in a rejoinder to the recommendation, Martha Karua termed them as "Hot Air", a phrase that was widely used at the Supreme Court of Kenya.
Here is ist of the recommendations issued by the Supreme Court to IEBC:
On Corporate Governance Issues.
1. Parliament should consider enhancing the statutory and regulatory framework on the separate policy and administrative remit of IEBC.
2. IEBC ought to effect formal internal guidelines that clearly delineate the policy, strategy, and oversight responsibility of
the Chairperson and the Commissioners; and develop institutionalized guidelines on how to manage the separation of administrative and policy domains.
3. The roles of the Chairperson, Commissioners, and the Chief Executive Officer, other staff and third parties should be clearly set out in both the legislative and administrative edicts as stipulated above.
On Election Technology.
4. To avoid suspicion from stakeholders, unless where and when it is absolutely necessary, access to the servers supporting the
transmission and storage of Forms 34A, 34B and 34C should be restricted to IEBC staff during the election period.
5. IEBC should ensure that the servers supporting the elections and those serving their internal administrative work are distinct and separate. This would then allow the Court, should the need arise, to carry out forensic imaging of the same without compromising and/or infringing any third-party agreements.
On Statutory Forms.
6. IEBC may consider simplifying and restructuring the Form 34A and include a column that accounts for stray ballots. In addition, it may consider having only one section for total valid votes. The independent body may also find it prudent to thoroughly train its Returning Officers as to what constitutes valid votes per this Court’s decision.
7. IEBC ought to put in place specific mechanisms to allow for special voting as contemplated under Regulation 90 of the Elections (General) Regulations 2012.
