Eyebrows raised over Bill granting IEBC powers to declare vehicles as polling stations

This raised questions over the credibility and transparency of the elections if the commission sought to select vehicles as a polling station. Further, it is not clear whether the vehicle or vessel used will remain stationary three months to the elections.  

The conversation came at a time when President William Ruto assented the IEBC (Amendment) Bill 2024 into law on Tuesday morning, with many people claiming that the clause is contained in the bill. 

This included Jubilee party Secretary-General Jeremiah Kioni who criticised the bill and called for the clause to be repealed before the bill is assented.  He read malice into the clause, claiming that it presented an opportunity for the current regime to rig the 2027 elections. 

"I don't thing Kenyans are fools to allow this kind of an amendment to pass. Even as he signs, this is one of the areas that requires to be sent back to parliament for deletion. This is a clear way of trying to rig elections and we know that Ruto is permanently looking for ways of bringing himself into power," Kioni stated.

Nairobi Senator Edwin Sifuna cleared the air following speculations over the bill and confirmed that the clause is contained in the Elections (Amendment) Bill, 2024. 

Elections (Amendment) Bill vs  IEBC (Amendment) Bill

The IEBC (Amendment) Bill, 2024 paves the way for the appointment of new IEBC commissioners and thus facilitate the reconstitution of the electoral agency. Further, it introduces a mandatory review of the conduct of general elections whereby a comprehensive report will be published within eighteen months after elections. 

On the other hand, the Elections (Amendment) Bill, 2024, consists of changes made around the electoral process. 

Clause 38A of the bill dictates that the Commission has the powers to designate a vehicle or vessel as a polling station for each electoral area and officially gazette them through electronic and print media, specifying the polling stations established for each area at least three months before any election date. 

"No election shall be conducted in a place other than a place gazetted as a polling station under the subsection (above)," reads part of the bill. 

The bill is sponsored by Senate Majority Leader Aaron Cheruiyot and his Minority counterpart Stewart Madzayo. It is currently in the public participation stage before returning to Senate for its Second and Third Reading. 

In the public participation phase, Kenyans can submit their comments which will be considered during the Second Reading stage whereby the senators will be required to vote either for or against the amended bill.