Jubilee MPs have announced that they will introduce radical electoral amendments that will make it impossible for the Supreme Court to annul a presidential election on Tuesday next week.
In their interpretation of Section 82 of the Elections Act, the Jubilee leaders stated that an election would only be nullified if a petitioner is able to prove the conduct of the election substantially violated the principles laid down in the Constitution and other written laws.
They further stated that an election would be annulled if it was fraught with irregularities or illegalities that affected the result.
The legislators also seek to introduce what they term a complementary mechanism to electronic transmission of results.
"We must and expeditiously correct the anomalies that are now going to be created by this decision and make sure people can go to the elections with a clear path straightened by the legislature,” Senate Majority leader Kipchumba Murkomen stated.
“When the amendments are passed, the Supreme Court will be caged,” he added.
National Super Alliance (NASA) CEO Norman Magaya, however, announced that there would be no elections if Jubilee amends the law.
“In our understanding, what these guys want to do is try and open loopholes for rigging elections through these amendments and that entry was provided in the judgment of Njoki Ndung'u,” Magaya noted.
This comes after Chief Justice David Maraga warned that the judges would not hesitate to annul the repeat presidential election if the IEBC commits similar irregularities to those experienced in the August 8 election.
The CJ stated that under Article 1 (3) (c) of the Constitution, the Court had been delegated sovereign power adding that it would be violating constitutional principles if it exercised the delegated power dishonestly.
Read More: CJ David Maraga Sends Stern Warning to IEBC
