IEBC Goes After Nomination Losers in Proposed Law

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IEBC Chairperson Wafula Chebukati addresses the media at a press conference in August 2021
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The Independent Electoral and Boundaries Commission (IEBC) is pushing for amendments to the Elections Act to bar nomination losers from running as independents.

IEBC Chairman Wafula Chebukati presented his proposal to parliament during the public participation for the Elections Bill 2022 on Tuesday, March 15. 

The proposals seek to eliminate the 10-day window created by the Registrar of Political Parties Anne Nderitu, that gives nomination losers an opportunity to run as independent candidates.

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Voters queue at a polling station in Rurii ward, Nyandarua County on Tuesday, May 18, 2021
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The poll agency justified its move so as to enforce political party discipline. The Chebukati-led team holds that the amendments will provide equality in the treatment of candidates who were presented by their political parties as well as those who are running as independents.

The commission will register candidates from May 29 to June 9. The deadline for political parties to conduct their nominations has been set for April 22.

The Elections Act, 2011 stipulates that political parties present their party list 90 days to the General Election, while the independent candidates are given 120 days to submit their names to IEBC. 

The act stipulates that an independent candidate should not have been a member of a political party at least 90 days before the General Election.

“For equity, we want the days reduced to 90 days within memberships lists would be presented. By this, there would be no window for people who have been denied nominations to become independents” the IEBC clarified.

IEBC Legal Services Director Chrispine Owiye noted that some members of parliament would be in a predicament but insisted that political aspirants should be decisive on whether they want to run as independents or under a party ticket.

“I know that this is a controversial amendment because there are those who want party hopping as well as those who want to seal a loophole for party hopping. 

“The way the law currently denies a person from hopping from party A to party B is the same way we should deny a candidate from hopping from a political party to independent,” Owiye stated.

IEBC officials carry out a voter registration exercise in Kwale County in January 2021
IEBC officials carry out a voter registration exercise in Kwale County in January 2021
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