New poll laws may allow use of expired passport

The electoral commission is proposing drastic changes to the electoral laws that could see Kenyans allowed to vote using expired passports and photocopies of their identity cards.

The move comes as the Orange Democratic Movement proposes changes in law to separate presidential elections from county polls.

Last year, IEBC commissioners voted on a similar proposal, resulting in a tie, before the commission endorsed a one-day-for-all-six elective posts stance, as was the case in the 2013 General Election.

“We had a proposal made to have the two elections separated, but when we called it to a vote there was a tie. We agreed to maintain the status quo,” Mr Isaack Hassan told the Sunday Nation.

The IEBC boss, speaking on the phone from London where he is on official business, said the commission is open to opinions and further suggestions from other stakeholders.

ODM’s director of elections Junet Mohammed said he was working on legislation that would see the two elections separated to allow ease of logistical operations and planning.

He said the commission was incapable of delivering fool-proof elections in a convoluted environment where Kenyans have to vote six times for various office holders.

“I am working on a new law that will see the presidential elections held in August and the county elections conducted in November,” he said.

He added that ODM was proposing that elections for the president, members of the National Assembly and county women representatives be called National Elections while those involving governors, senators and members of the County Assembly be called County Elections.

Mr Mohammed said Cord principals and opposition MPs would meet to brainstorm on the issue.

Nigeria and the United States are among democracies that have separated their elections, with presidential polls isolated from the rest.

On March 4, 2013, some 12,776 candidates ran for various offices — only 1,882 elective positions were available during the exercise.

The IEBC’s 2013 polls report published last month has also blamed political parties for various anomalies that occurred in the run-up to the General Election.

Several other legislations and regulations have also been blamed in the report for the chaos that dogged the 2013 electoral process.

The report further states: “In addition, amend section 3 of the Elections Act, 2011 to validate use of copies of a passport or National Identification Card where the original copies used for registration have been destroyed, misplaced or lost.”

VOTERS CARDS

The IEBC also wants voters to be issued with cards, which must be presented to the polling station before one can be allowed to vote.

“In addition, amend Section 3 of the Elections Act, 2011 to validate use of an expired passport for purposes of voting as long as it is established that the passport was valid at the time of registration,” it states.

IEBC also wants the law amended to make it mandatory for lists of registered voters to be displayed at polling centres seven days before the poll.

The commission is developing a strategic plan for future elections aimed at improving the efficiency of electronic utilities to be used.

A plan is being developed to ensure the electronic voter identification devices and biometric voter registration machines operate successfully.

Other proposals by the commission include a requirement to legislate on watertight and effective procedures for handing over of election results forms at the tallying centres.

In Kenya’s two previous controversial presidential elections, monkey games played during the handing over of results by returning offices created doubts on the final results.”