In Summary
  • Voting in Kenya is still manual but there have been attempts to make the process electronic, for reasons including reducing fraud and the time spent voting as the public queues for hours.
  • Results have, however, been transmitted electronically but this was not the case in the mini poll.
  • The results of the by-election were manually transmitted because the electoral commission is not obligated to transmit parliamentary results electronically.

Nairobi was charged on Thursday as key political parties fought for the Kibra parliamentary seat in a by-election that followed MP Ken Okoth's death in July.

Voting in Kenya is still manual but there have been attempts to make the process electronic, for reasons including reducing fraud and the time spent voting as the public queues for hours.

Results have, however, been transmitted electronically but this was not the case in the mini poll. The reason is anchored in law.

NO OBLIGATION

The results of the by-election were manually transmitted because the Independent Electoral and Boundaries Commission (IEBC) is not obligated to transmit parliamentary results electronically.

The law limits electronic transmission of results to presidential elections and this has not been expressly stated in relation to the other elections such as governor, senator, member of Parliament, woman representative and member of the county assembly.

On its website, the IEBC stated, "Please note that electronic transmission of election results only applies to presidential elections results”.

Section 39 (1c) of the Elections Act provides that for purposes of presidential elections, the commission shall "electronically transmit and physically deliver the tabulated results of an election for the president from a polling station to the constituency tallying centre and to the national tallying centre".

KIRINYAGA CASE

High Court judge Lucy Gitari applied this section of the law while declining a request by Narc-Kenya party leader Martha Karua to be supplied with electronic transmission data for the Kirinyaga County governor seat.

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