New court ruling may reshape power over Kenya’s votes

Kenya challenged vote

Kenya election ballot

A Kenya High Court ruling has determined that the presidential election votes–which are counted only at each polling station–are to be treated as final when announced at the initial parliamentary constituency tally centre.  This means that any changes to the tally at the national level in Nairobi by the IEBC, the electoral management body, will have to come in the form of a court challenge.

This approach would have prevented the ECK and IEBC from taking the approach of 2007 and 2013, where national results relied on changed and missing vote counts.

The key thing to remember about Kenyan elections is that the votes are all hand marking of paper ballots, which are counted only at each polling station.  The results are recorded on Form 34 and–if law is followed–posted for the public on the door to the polling station.

The ballots and another exected copy of the results are sealed in the ballot box.

After that, it is all a power struggle and smoke and fog–high tech and low tech.  Arithmetic is done or not done in accordance with power and interests.

The court appears to have moved some power back toward the voters and away from central government.  We shall see.

I will follow up after I’ve read the opinion and caught up on some of the “moving pieces” on the election preparation.

Congratulations to Maina Kiai and his colleagues who brought the constitutional challenge.