The Carter Centre has urged Parliament to amend the election law to clarify circumstances under which poll results should be annulled. They also called for an extension on the deadline to resolve presidential election results disputes to a minimum of 30 days
By amending the election law, the Centre said, Parliament will provide clarity that election results should only be annulled when irregularities are of a sufficient magnitude to affect the outcome.
In a statement, the NGO said this will allow for a thorough consideration of all issues and sufficient time to implement a recount if the court deems it necessary.
The Centre said inconsistent application of the Supreme Court’s ruling threatens to create a situation where the threshold for annulling elections in Kenya is so low that the will of the people as expressed through the ballots cast could become a secondary consideration.
“The Supreme Court addressed this issue in its recent rulings and indicated that such a step would require a constitutional amendment. The Kenyan government should give this option serious consideration to bring its dispute-resolution framework into alignment with best practices across the continent,” they said.