Duale rejects Maraga coalition’s interpretation of Bomas Tallying Centre

Health Cabinet Secretary Aden Duale has dismissed claims by a group led by ex-Chief Justice David Maraga regarding the legal standing of Bomas of Kenya as the national voting counting site. Duale contended that the group's legal interpretation was "pure sophistry," arguing that they cherry-picked constitutional provisions while ignoring the Elections Act, which outlines the legal framework for elections.

In his statement, Duale quoted Article 88(5) of the Constitution, stating that the IEBC must conduct its duties in compliance with the Constitution and national laws. He also referenced Article 138(3), which outlines the procedure for presidential elections as per an Act of Parliament. Duale challenged the assertion that the Constitution does not permit the IEBC or its chairperson to tally and verify presidential election results, pointing to Article 138(3)(c) which mandates the IEBC to "tally and verify the count and declare the result."

Furthermore, he cited Article 138(10) which outlines the IEBC Chairperson's responsibility in declaring the result of a presidential election. When it comes to the legality of a national counting center, Duale argued that the Constitution and the Elections Act, when combined, establish the transmission, tallying, verification, and declaration of election results at various levels.

He pointed to Article 88(5) and Article 138(3)(b), alongside Section 39 of the Elections Act, as the legal basis for the transfer of results from polling stations to constituency and national counting centers. Duale concluded by stating that "the Constitution and the Elections Act are still speaking loudly on matters elections notwithstanding the attempt at creating unnecessary arguments."

This comment comes as there is ongoing discussion about the legal framework governing presidential election counting and the role of Bomas of Kenya in the process.