Opposition Leader Raila Odinga is set to suffer a massive blow if the Election Laws (Amendment) Bill, 2017, tabled in parliament by the Jubilee Party is passed into law ahead of the repeat election.
In the amendments tabled in the National Assembly for the First Reading on Thursday, there will be no election if there is only one nominee contesting for the Presidential seat and as such the nominee will just be sworn into office directly.
"Where only one presidential candidate remains after the withdrawal of others, he/she shall be declared elected forthwith without an election being held," the Jubilee-proposed amendment reads in part.
If the law is passed, Mr Odinga's threat to boycott the election could give President Uhuru Kenyatta a clear path to victory since he will be declared the winner minus an election.
Key changes have also been proposed in terms of transmission of the presidential election results where the manual system has been re-introduced as a mandatory complementary mechanism.
“The commission shall electronically and manually transmit the tabulated results of an election for the President from a polling station to the constituency and to the national tallying centre.
"Where there is a discrepancy between the electronically and manually transmitted results, the manual process shall prevail," the leader of Majority in the National Assembly Aden Duale stated.
The amendments also propose that no election shall be declared to be void by reason of non-compliance with any written law relating to that election.
It also seeks to make far-reaching changes to the leadership of the electoral commission, which include giving powers to other commissioners other than the chairperson to act as the returning officer for the presidential election.
“A person shall qualify to hold the chairperson’s position if the person, holds a degree from a recognised university, in public administration, public finance, governance, electoral management, social science, or law,” the bill read in part.
Ruaraka MP Tom Kajwang warned against changing the rules, arguing that the Supreme Court ordered that the repeat election be conducted in accordance with the law as it was on August 8.
“What has been done today by Duale is like Jubilee rubber-stamping the agenda of their party from State House. There is no turning back from our side,” Kajwang stated.
Duale, however, noted that the amendments were good for the country adding that they had no mischief.
"We have absolutely no mischief. We know our numbers. We are out campaigning. Our numbers are very clear. We have no cards under the table,” Duale noted.
