Former Chief Justice David Maraga has opposed proposed changes to election laws that would remove mandatory live-streaming of results.
He argued that transparency in the electoral process is a constitutional requirement.
According to Maraga, Article 86 of the Constitution requires the electoral system to be accurate, verifiable, secure, accountable and transparent, adding that no legislation can override the Constitution.
In a statement, he said he would work with the People’s Coalition for Electoral Reforms to oppose efforts he believes could undermine transparency in elections.
“The Constitution is clear. The electoral system must be ‘accurate, verifiable, secure, accountable and transparent’. No law is superior to our Katiba,” the former CJ said.
Additionally, Maraga warned against changes he believes could take the country back to the era of the defunct Electoral Commission of Kenya (ECK) and the violence that followed the disputed 2007 General Election.
“I will work with the People’s Coalition for Electoral Reforms to thwart any efforts to return us to the dark era of ECK or the post-election violence of 2007/08,” he added.
This follows the passage of the Elections Amendment Bill 2024 by the National Assembly.
The proposed changes seek to remove the requirement for election results to be live-streamed as they are transmitted from polling stations.
However, the Bill has not yet become law and awaits presidential assent.
