The Independent Electoral and Boundaries Commission (IEBC) has proposed changes to Kenya’s election laws, including extending the period for resolving pre-election disputes from the current 10 days to 14 working days ahead of the 2027 General Election.
The electoral agency says the move is aimed at giving its Dispute Resolution Committee (DRC) more time to hear and determine cases, especially during the busy nomination period.
Speaking during the launch of the IEBC’s 2022 Dispute Resolution Committee report, Director of Legal Services Chrispine Owiye said the Commission handled 323 pre-election disputes in just 10 days before the August 2022 General Election.
“The committee heard and determined these cases within the strict ten-day statutory window,” Owiye said.
He noted that while the committee managed to meet the legal deadline, lessons from the last General Election had informed several recommendations to improve the process ahead of future polls.
Among the proposals is an extension of the dispute determination period from 10 days to 14 working days.
The Commission is also seeking to increase the deadline for filing complaints from the current 24 hours after a dispute arises to 72 hours after the close of candidate registration.
According to Owiye, the changes would give candidates and the Commission adequate time to prepare and determine cases without compromising electoral timelines.
The electoral agency is also pushing for a clear legal definition of the terms “nomination” and “party nomination,” saying the current wording in the Elections Act and the Political Parties Act has created confusion and contributed to disputes.
Another recommendation seeks to tighten rules on the resignation of public officers seeking elective positions.
Instead of relying on resignation letters, the Commission wants candidates to provide Certificates of Service issued under the Employment Act as proof that they left office, a move expected to seal loopholes involving fake resignation documents.
IEBC is also proposing enhanced civic education for aspirants before nominations begin.
The Commission says candidates should be sensitised on nomination requirements and the importance of submitting their papers within the gazetted timelines to minimise disputes.
Owiye said the recommendations were informed by the Commission’s experience during the 2022 General Election, where the Dispute Resolution Committee was established under Section 74 of the Elections Act to handle nomination-related disputes.
He noted that the committee played a key role in protecting political rights guaranteed under Article 38 of the Constitution, while ensuring disputes were settled before the country went to the polls.
“Article 38 guarantees every citizen the right to stand for public office. But that guarantee is meaningful only when there is an impartial referee to enforce the rules,” Owiye said.
If adopted, the proposals could shape how nomination disputes are handled in the run-up to the 2027 General Election, with the Commission hoping the reforms will make the process more efficient and reduce legal battles during the election period.