One of his amendments states: “The Commission shall verify that the results transmitted under this section are an accurate record of the results tallied, verified and declared at the respective polling stations.”

He also proposes: “Where there is a discrepancy between the electronically transmitted and the physically delivered results, the Commission shall verify the results and the result which is an accurate record of the results tallied, verified and declared at the respective polling station shall prevail.”

He has also provided for the chairman of the commission to declare the winner in a presidential contest without all the results, provided the remaining results are insignificant.

MINOR DISCREPANCIES

His proposed amendment states: “The Chairperson may declare a candidate elected as the President before all the constituencies have transmitted their results if the Commission is satisfied the results that have not been received will not affect the result of the election.”

Mr Cheptumo has also refined a provision that would prevent the annulment of a result on the basis of minor discrepancies.

His amendments states that a court shall not declare an election void for non-compliance with the law if it appears that the election was conducted in accordance with the principles laid down in the Constitution and that the non-compliance did not substantially affect the result of the election.

The financial penalties on election officials who fail to do their job will also be doubled from Sh1 million to Sh2 million in addition to a five-year jail term.

Additional reporting by John Ngirachu

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