Health Cabinet Secretary Aden Duale has dismissed assertions by a coalition led by former Chief Justice David Maraga questioning the legal basis of Bomas of Kenya as the national tallying centre.
Duale argued that the coalition’s interpretation of the Constitution amounted to “pure sophistry” and selectively relied on constitutional provisions while disregarding the Elections Act, which gives effect to the constitutional framework governing elections.
In a statement, the CS cited Article 88(5) of the Constitution, which requires the Independent Electoral and Boundaries Commission (IEBC) to perform its functions in accordance with the Constitution and national legislation.
He also referred to Article 138(3), which sets out the procedure for conducting a presidential election in the manner prescribed by an Act of Parliament.
Addressing the assertion that the Constitution does not authorise the IEBC or its chairperson to tally and verify presidential election results, Duale pointed to Article 138(3)(c), which provides that after counting votes at polling stations, the IEBC shall “tally and verify the count and declare the result.”
He further cited Article 138(10), which provides for the role of the IEBC Chairperson in declaring the result of a presidential election.
On the legality of a national tallying centre, Duale argued that the Constitution and the Elections Act, read together, provide for the transmission, tallying, verification and declaration of election results at different levels.
He cited Article 88(5) and Article 138(3)(b), alongside Section 39 of the Elections Act, as the legal framework governing the transmission of results from polling stations to constituency and national tallying centres.
“The Constitution and the Elections Act are still speaking loudly on matters elections notwithstanding the attempt at creating unnecessary arguments,” Duale said.
The statement comes amid renewed debate over the legal framework governing presidential election tallying and the role of Bomas of Kenya in the process.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
