United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association Maina Kiai and two other people have moved to court over the management of presidential election results.
In a petition filed at the High Court yesterday, Kiai, Khelef Khalifa and Tirop Kitur are seeking interpretation of the laws and regulations the Independent Electoral and Boundaries Commission has put in place to guide presidential elections.
They say they are seeking to protect the integrity of the electoral process and to aid in securing the sanctity of presidential votes cast in general elections.
According to them, the current system is unconstitutional as it undermines the tenets of free and fair election.
They say the system renders the declaration of results at constituency level as provisional and not final.
The activists say during the 2013 polls, the IEBC treated presidential results announced and declared at the constituency level as provisional results.
They said a condition was that the provisional results were subject to confirmation by some commissioners and members of staff of the commission in Nairobi.
This, they say, exposed the electoral system to abuse, and made it prone to malpractice by the IEBC and its officers.
They say this is against the law requiring presidential elections to be held at the constituency level and that the returning officer has to receive results from the polling stations before formally announcing them.
“The act of confirming and varying the constituency results as done by the IEBC and some of its officers undermines the law.”