IEBC Makes Final Decision on How Elections Will Be Conducted

The Independent Electoral and Boundaries Commission (IEBC) has announced that it will buy new ballot boxes for the fresh presidential elections slated for October.

This decision was arrived at after lawyer Paul Muite suggested to the Supreme Court that the country uses the same ballot boxes that were used in August to save on cost.

Muite's suggestion sparked debate in the court as President Uhuru Kenyatta's lawyer Fred Ngatia and Senior Counsel James Orengo challenged his argument.

Orengo stated that election materials should be preserved for the next three years as the law requires, adding that the same will be used for other petitions.

"A member of the public may need to look at the election materials, especially the ones that are available for inspection," the Siaya Senator argued.

He added that as long as the mechanism can be found to preserve the election materials, including used and unused ballot papers, the same should be preserved even if these will be used by the first and second respondent.

"We should not be seen to go against the requirement of the law. The materials may be subject to other petitions, especially the kits or the registers," Orengo said.

Ngatia argued that the statutory edict which the court is being requested to do way with should not be interfered with.

"There are some very difficult matters that have emanated from the judgements which we'd wish to scrutinise in further details," Ngatia submitted, adding that the materials can be left to stay where they are until further notice and the State can buy new boxes.

"Do not accede to this request since it will help determine the total number of votes cast in the nullified election," stated Ngatia, who was the lawyer for President Kenyatta in the petition.

Muite later said the electoral agency had instructed him that they would buy new ballot boxes for the duel pitting Kenyatta against Opposition leader Raila Odinga.

AG Githu Mugai sought that a method of preserving the material be found to save the country costs of running an expensive election.

Chief Justice David Maraga, however, ruled that since the IEBC lawyer had withdrawn the request, the court would not issue an order on the same.