In its
latest reforms, the IEBC is seeking to address legal gaps exposed during the
disputed 2022 polls, while implementing key recommendations arising from the
Supreme Court’s presidential election ruling.
The
proposed reforms, contained in the commission’s Election Operation Plan
2025-27, target nearly every stage of the electoral cycle, from campaign
financing and political party nominations to election technology, results
management and dispute resolution.
The
commission says the legal changes are necessary to ensure the 2027 poll is
conducted under “a clear, predictable and coherent legal framework” capable of
responding to emerging electoral challenges and lessons learnt from previous
elections.
Among the
most significant proposals is a review and alignment of the Elections Act, the
IEBC Act, the Political Parties Act and other electoral statutes.
The
commission says it has already prepared legislative proposals and engaged the
National Assembly’s Justice and Legal Affairs Committee as part of efforts to
have the amendments enacted well before Kenyans head to the polls in August
next year.
Although
the commission doesn’t directly indicate the particular articles it is
proposing some changes to, the amendments include redefining candidate
nominations and registration to eliminate legal ambiguities.
Others
include reviewing electoral timelines for voter register inspection, biometric
verification and candidate nominations, and establishing a legal framework for
scrutiny of election technology during election disputes.
The
Commission also wants the Elections Act amended to clarify the presidential
results management process in line with the Supreme Court’s 2022 ruling and
strengthen implementation of the two-thirds gender principle in parliamentary
nominations.
The
proposals are also seeking to introduce a statutory framework for recalling MPs
and review the appeals structure for election petitions.
“The
proposals include interventions to address the Supreme Court structural
interdicts in the determination of the Presidential Election Petition ruling in
2022,” the commission states in the plan.
The reforms
seek to provide greater legal clarity in three particularly contentious areas
that dominated the 2022 election petition.
These are
IEBC’s internal corporate governance, transparency of election technology and
the election results management framework.
The issue
of corporate governance was one of the defining controversies of the last
election after four commissioners publicly dissociated themselves from the
declaration of the presidential results, exposing deep divisions within the
commission.
In what now
emerges as a response to that split and arguments before the court, the IEBC
now wants legislation that more clearly defines governance structures,
institutional accountability and decision-making processes. This, the EoP says,
is to prevent similar disputes in future elections.
Specifically,
it proposes amendments to the IEBC Act to review the quorum required for
commission decisions, revise its decision-making framework and repeal obsolete
provisions that no longer reflect the commission’s current constitutional
mandate.
Technology
also features prominently in the reform agenda.
During the
2022 presidential petition, petitioners questioned the integrity of the Kenya
Integrated Election Management System, alleged unauthorised access to IEBC
servers and challenged the transparency of electronic transmission of results.
This led to
the Raila Odinga-led team to demand the opening of the servers.
In
response, the commission intends to strengthen the legal framework governing
election technology by making systems more transparent, accountable and
verifiable.
Separately,
the EoP proposes comprehensive reviews of the election results management
framework and standard operating procedures to improve counting, tallying,
declaration and transmission of results.
The reforms
also seek to strengthen regulation of political parties and candidate
nominations.
Among the
proposals are stricter compliance requirements for political party nomination
rules, review of procedures governing independent candidates’ names and
symbols.
It also
calls for the vision of timelines for nomination and pre-election disputes, and
measures to strengthen implementation of the constitutional two-thirds gender
principle in party nominations.
The
commission also intends to improve compliance by parties through greater
stakeholder engagement and public sensitisation.
During the
launch of the operation plan, DP leader Justin Muturi accused IEBC of excluding
opposition parties. In response, IEBC chairman Erastus Ethekon said the
commission would further engage all parties.
Campaign
financing, which has remained largely unregulated despite provisions in the
constitution, has also resurfaced as one of the commission’s priorities.
The IEBC
plans to gazette spending limits for political contributions and campaign
expenditures, renewing attempts to operationalise campaign finance regulations
before the 2027 elections.
The
commission identifies failure to operationalise election campaign financing
regulations as one of the legal weaknesses that could undermine electoral
integrity if left unresolved.
Beyond
operationalising the law, the commission also wants Parliament to amend the
Election Campaign Financing Act by introducing new restrictions on campaign
contributions, repealing obsolete provisions and abolishing expenditure
committees for political parties.
Dispute
resolution is another major pillar of the reform package.
The
commission plans to improve mechanisms for handling electoral disputes within
statutory timelines, while strengthening enforcement of the Electoral Code of
Conduct.
It also
intends to operationalise constituency election peace committees as part of
broader efforts to prevent election-related violence before and during the
polls.
The
commission is also proposing amendments to the Election Offences Act following
recent court decisions, including repealing the offence relating to breach of
the Electoral Code of Conduct, and instead vesting enforcement in the IEBC’s
Code of Conduct Enforcement Committee.
The EoP
further highlights several legal risks that could disrupt preparations if
Parliament delays reforms.
Among them
are insufficient laws governing the recall of MPs and delayed enactment of a
Referendum Bill.
Another
risk is the last-minute amendments to electoral laws and court decisions that
interfere with election timelines.
To mitigate
these risks, IEBC proposes early engagement with Parliament, continuous
collaboration with the Judiciary Committee on Elections and strict compliance
with court decisions.
The
commission also commits to implementing the Supreme Court’s advisories on the
management of presidential election results, identifying disputed election
outcomes as one of the major risks facing the 2027 polls.
Its mitigation strategy includes electoral
reforms, adherence to the law, continuous voter education and sustained
stakeholder engagement
