US Carter Center Urges MPs to Raise Threshold for Nullifying Presidential Elections in Kenya

The US Carter Center has urged the Kenyan Parliament to make amendments to election laws and specify the circumstances that can lead to the nullification of a presidential election.

The NGO which observed Kenya's last year general elections also wants Members of Parliament to extend the deadline for which petitions on presidential election results are heard and determined by the Supreme Court to a minimum of 30 days from the current 14.

The Center argues that changes to the laws guiding elections will provide clarity that a presidential poll can only be annulled if the irregularities found can affect the final outcome.

In a statement, the election observer said this would ensure there is thorough consideration of all issues and sufficient time to allow for a recount of votes if the Supreme court deems it necessary.

The Center noted that the inconsistent application of the Supreme Court’s ruling puts so low the threshold for invalidating elections in Kenya, making the will of the people as expressed through the ballots cast a secondary consideration.

“The Supreme Court addressed this issue in its recent rulings and indicated that such a step would require a constitutional amendment. The Kenyan government should give this option serious consideration to bring its dispute-resolution framework into alignment with best practices across the continent,” Carter Center said in a statement.