Kenya’s voting system is manual, AG Githu Muigai tells Senate Committee

Attorney General Githu Muigai has stated that Kenya’s voting system is manual with an electronic component and not fully electronic as is believed by some sections of the public.

Speaking while making his submission before the Senate’s Legal Affairs Committee, AG Muigai said that there has been misinformation in the public domain that the Kenyan electoral system is an electronic system and that there are efforts to return it to a manual system.

“The scheme does not envision an election conducted solely on the basis of technology. There is an opinion that Kenya has an electronic voting system and there is a move to return it to manual,” he said.

Prof Muigai cited the Supreme Court Ruling during the 2013 presidential election petition where the judges noted that the Kenyan system is a manual system that is supported by an electronic component.

“Kenya has a manual voting system supported by an electronic component… We must remove this false dichotomy that we have an electronic voting system that we want to be made manual,” he said.

He explained that everyone that votes has to present themselves to the polling station physically, noting that this was the beginning of the manual process that ends with the ballot box being opened manually.

He assured that the law stipulated that the manual register would compliment the biometric register, such that it will only be used if the biometric system fails.

“There is an understanding that when the voter presents himself or herself to the polling station the first attempt to identify them will be by BVR (biometric voter register), and it is only after the failure of the BVR that the complimentary is employed,” he explained.

Professor Muigai said that the constitution does not prescribe any electoral system, adding that it requires the commission (Independent Electoral and Boundaries Commission) to adapt a system that works and one that is accurate, verifiable and secure.

He noted that there is need for a manual voter register during this year’s General Election as technological systems could fail saying that it is almost a guarantee that there will be a system failure on the day as it is normal for technology to fail.

“The failure of the electronic system is almost guaranteed, because that is the nature of electronics. It is not an exact science,” said the AG.

He defended the controversial election law that was passed by Jubilee legislators saying it was important to pass a law that clarifies the circumstances under which to revert to the manual register.

“To make voting efficacious we must promulgate regulations that make it absolutely clear under what circumstances do we resort to manual system,” he noted.

Before ending his submissions, the AG noted that there was need to listen to the Independent Electoral and Boundaries Commission (IEBC) since they have conducted elections before and they know how and when the system could fail.

“My advice is let us listen more to the IEBC.”