A new idea is being discussed in Kenya's Parliament. It concerns how to handle fights over local elections. These elections are for people called Members of County Assembly, or MCAs.
The idea is to make the process easier. It's called the Elections (Amendment) Bill 2024.
Right now, if there's a problem with an MCA election, it can go to the high court. If someone doesn't like what the high court says, they can take it to the highest court in the country, the Supreme Court.
But some people think this takes too long. They want the Supreme Court to have the final say. That way, MCA election fights won't have to go to the Supreme Court anymore.
Part of the bill says exactly that. It states that the high court's decision about an MCA election will be the end of it.
As things stand, people have 30 days to tell the Supreme Court if they think an MCA election wasn't fair. The court then has six months to make a decision. Even with these rules, many cases still end up in the Supreme Court.
The Constitution, which is the main set of laws in Kenya, says Parliament gets to decide how to settle election fights quickly. That's why Parliament is trying to change things for MCAs.
But here's the interesting part. The MPs aren't suggesting the same rule for their elections. If there's a problem with an MP election, people can still take it to court above the high court, the Court of Appeal.
The only election that has to go straight to the Supreme Court is the one for president. The Constitution says so.
Some people don't like the new bill. They think it might not be fair to have different rules for different elections. The Constitution says everyone should be equal under the law.
They also worry it might make it harder for people to get a fair trial. The Constitution protects that right.
There are other rules about what happens if an election crime is found. The high court has to tell important groups like the IEBC and the DPP. They also have to tell the person in charge of the election results. That person has to give the accused a chance to explain before anything else happens.
After that, the person in charge of the results has to publish the high court's report in a special government publication so everyone knows about it. The IEBC then has to consider taking names off the list of voters if needed.
The idea is to make the process easier. It's called the Elections (Amendment) Bill 2024.
Right now, if there's a problem with an MCA election, it can go to the high court. If someone doesn't like what the high court says, they can take it to the highest court in the country, the Supreme Court.
But some people think this takes too long. They want the Supreme Court to have the final say. That way, MCA election fights won't have to go to the Supreme Court anymore.
Part of the bill says exactly that. It states that the high court's decision about an MCA election will be the end of it.
As things stand, people have 30 days to tell the Supreme Court if they think an MCA election wasn't fair. The court then has six months to make a decision. Even with these rules, many cases still end up in the Supreme Court.
The Constitution, which is the main set of laws in Kenya, says Parliament gets to decide how to settle election fights quickly. That's why Parliament is trying to change things for MCAs.
But here's the interesting part. The MPs aren't suggesting the same rule for their elections. If there's a problem with an MP election, people can still take it to court above the high court, the Court of Appeal.
The only election that has to go straight to the Supreme Court is the one for president. The Constitution says so.
Some people don't like the new bill. They think it might not be fair to have different rules for different elections. The Constitution says everyone should be equal under the law.
They also worry it might make it harder for people to get a fair trial. The Constitution protects that right.
There are other rules about what happens if an election crime is found. The high court has to tell important groups like the IEBC and the DPP. They also have to tell the person in charge of the election results. That person has to give the accused a chance to explain before anything else happens.
After that, the person in charge of the results has to publish the high court's report in a special government publication so everyone knows about it. The IEBC then has to consider taking names off the list of voters if needed.
