Inside Politics

Wako roots for mandatory law to compel IEBC to open servers

Tuesday, October 3rd, 2023 04:30 | By
Amos Wako to be part of Raila's legal team
Former Busia Senator Amos Wako. PHOTO/Samuel Kariuki

Former Busia Senator Amos Wako has proposed the creation of a law to make it mandatory to open servers immediately after every election to curb suspicion arising after polls.

Wako, in his submission to the National Dialogue Committee (NADCO) at the Bomas yesterday, said currently, it is impossible to access the Independent Electoral and Boundaries Commission (IEBC) servers since some foreign company have exclusive rights to them.

The former senator added that the law should enable those in disagreement with the outcome of an election to use the contents in the servers to file their petitions.

He, however, clarified that the opening of the servers could not overturn Supreme Court’s decision on a petition challenging the outcome of a presidential election.

This, Wako explained, was because the Apex court has exclusive jurisdiction to hear and determine disputes relating to presidential elections and its finding is final. “Auditing servers should only help to point out weaknesses and shortfalls which would be rectified before the next election. It can help improve the processes and instill confidence in the people,” he said.

Wako further noted that only experts should be appointed as commissioners of the electoral commission.

Special committee

“Such persons should not be officials of the political party or active members of their party or any party or the person. They should be persons of integrity, persons who had retired honourably from public or private sectors, well-known senior professionals or persons known for their independence of mind and persons of gravitas,” he explained.

According to Wako, a special committee should be established to review the thorny issue of delimitation of constituencies and counties.

He, however, regretted that the bipartisan team, co chaired by National Assembly Majority Leader Kimani Ichung’wa and Azimio la Umoja principal Kalonzo Musyoka did not have adequate time to comprehensively address the issue and offer solutions.

Wako further called for the creation of poverty eradication kitty to cushion the vulnerable public living in slums both in urban and rural areas from the high cost of living.

 Meanwhile, Nandi Senator Samson Cherargei is protesting why NADCO declined to hear his oral submissions on various issues he wants addressed through the bipartisan talks. Cherargei, who has hit the headlines for proposing to increase the presidential term limit from the current five to seven years, demanded NADCO to open up their doors for any Kenyan to make oral presentations.

In his letter dated September 29, Cherargei said the committee had succumbed to emotional blackmail and cowed to parochial political interests resulting into non-practicing of the principle of natural justice.

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