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Another Heavy Blow to UHURU as IEBC Chairman Wafula Chebukati Rejects Jubilee's Plan

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Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati is expected to lead the Commission to reject proposed electoral law amendments pushed by President Uhuru Kenyatta's Jubilee Party.

The Commission will present its memorandum of opposition to the Joint Select Committee holding public hearings on the contentious changes. Among the changes in the amendments is drastically reducing the powers of the IEBC chairman when it comes to declaring the winner in a presidential election.

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"The chairman will present the commission's position to the joint committee on Wednesday," a source familiar with commission discussions told the Star. IEBC is expected to urge MPs and senators not to look for quick fixes but instead undertake a comprehensive review of electoral laws after the presidential election.

 "The commission believes that instead of targeting the (IEBC) chair or any individual while amending the law, Jubilee should wait for the election to be done and a comprehensive review undertaken.

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 In fact,we believe the chair's position should be made executive since commissioners are involved in operational issues," another commissioner stated.

Jubilee's push for electoral changes was motivated by fears of Chebukati resigning before declaring the winner of the poll. Current laws state that only the commission chairman, a distinguished lawyer by profession, can declare the presidential results.

It does not provide for a situation where the chairman is absent, therefore, in the absence of Chebukati, none of the commissioners has legal authority to declare results.

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 To avoid such a scenerio, Jubilee legislatures have proposed Election Laws (Amendment) Bill 2017 that seeks to reduce the chairman's powers, while empowering the vice chairman.

Jubilee has also proposed an amendment to remove the requirement that the IEBC boss should hold a law degree and be qualified to sit on the Supreme Court.
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