Nasa lawyers James Orengo (right) and Otiende Omollo during the preliminary hearing of the presidential petition at the Supreme Court on August 26. [Photo: Nation]
Jubilee is surging ahead with its proposed amendments to the election laws despite NASA candidate withdrawing from the race.
For a while, President Uhuru Kenyatta was the lone contender in the October 26 expected repeat poll until Third Way Alliance's Ekuru Aukot found his way back to the ballot through the High Court bringing an all-new twist the political conversation across the country.
Significant to note in the amendments proposed by the majority party is that future presidential election petitions contesting credibility of declared results might not see the light of day when the Bill becomes law.
The bicameral house committee chairman William Cheptumo in his submission to the national assembly made further changes to the Bill making future petitioners bear the burden of proof and convince the Supreme Court that illegalities committed in the process of an election affected the outcome of the presidential results directly.
This implies that once this becomes law, the courts will not be in a position to annul the presidential results outcome on the basis of non-conformity with the law unless the petitioner proves beyond reasonable doubt that numbers are tilted or interfered with such that the winner can not be determined.
In August, the Supreme Court nullified the presidential elections in which Jubilee party leader was declared the winner on the basis of irregularities and non-compliance with the constitution.
Kesses MP Mishra Kiprop in support of the amendments said the move was timely to ensure proper governance.
The legislators are also seeking leeway in having the government advertising and showcasing their achievements in the print and electronic media during electioneering and any other times as they may desire.