Avoid last-minute electoral law changes, Judiciary tells MPs ahead of 2027 polls

Supreme Court Judge Njoki Ndung’u speaking in Nairobi during the launch of the Judiciary Committee on Elections Operational Plan 2025–2028 on July 21, 2025

Supreme Court Judge Njoki Ndung’u has urged Parliament to avoid making last-minute changes to electoral laws in the lead-up to the 2027 General Election.

Ndung'u has warned that such delays could compromise judicial preparedness and the credibility of the electoral process.

Ndung’u noted that the country is already witnessing the early signs of election-related activity, with voter registration underway and heightened political rhetoric online and offline.

Ndung'u was speaking in Nairobi during the launch of the Judiciary Committee on Elections Operational Plan 2025–2028 on Monday.

"The election processes towards 2027 have already begun. IEBC is doing its work, registration of voters is ongoing and media reports are alluding to the fact that campaigns have already started ahead of time," she said.

"We are also seeing signs of campaign financing taking shape and we are not blind to the electoral tensions already simmering on social media."

Ndung’u emphasised that judicial officers, like the rest of the public, are closely observing developments across political, legal and digital spheres.

She pointed to growing concerns about hate speech, premature campaigns, and the potential breach of electoral laws, all visible through online platforms.

"Social media is giving us a look-in at the tensions that are starting to arise whether it is freedom of speech, hate speech, or potential electoral offenses. All these, we are seeing," she said.

She called on lawmakers to ensure that any proposed constitutional or statutory amendments are passed in good time, allowing institutions like the judiciary and the Independent Electoral and Boundaries Commission (IEBC) ample time to prepare.

While recounting past experiences, she warned against the dangers of rushed legislation.

"We plead that these changes be done well on time, as they impact the training and preparedness of the judiciary," she said.

“In 2013, changes came two months before the election. In 2017, it was three months. Even in 2022, we saw the same pattern. This should be avoided.”

Ndung’u expressed appreciation for ongoing collaboration with Parliament through the Judicial Committee on elections and urged legislators to fast-track critical legal reforms ahead of the next polls.