A Bill sponsored by Narok Senator Ledama ole Kina will compel election losers to concede defeat even if they dispute the results.
The Election Laws (Amendment) Bill 2018 tabled in the Senate seeks the signing of forms used as evidence of endorsing the election and outcome by candidates or their agents to be mandatory, even if they don’t agree with the results.
Poll losers or their agents who refuse to sign the forms to be deemed to have violated their political right.
“Where an election petition has been filed, a candidate who refused or failed to sign the declaration forms shall be barred from relying on that fact in evidence and the court shall take judicial notice of such refusal or failure to sign,” the Bill reads in part.
Politicians who refuse to sign results declaration forms in protesting the outcome will not use their action as evidence in court to dispute the election.
“The refusal or failure of a candidate or an agent to sign a declaration form or the absence of the candidate or agent at the polling station shall not invalidate the results as announced,” the Bill reads.
In last year’s general election, some aggrieved contestants refused to sign the forms after losing or asked their agents to refrain from signing to form part of their evidence in court.
Where any candidate or agent has an objection to the tally of results as represented in the declaration form, the presiding officer shall note down the objections.
The Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.
It was tabled at the Senate in December before it was adjourned until February 2019.
