UNVEILED: IEBC Proposes Sweeping Changes After Reviewing 2022 Election Disputes

Erastus Edung Lokaale Ethekon, chairperson of the Independent Electoral and Boundaries Commission of Kenya (IEBC).

The Independent Electoral and Boundaries Commission (IEBC) has launched the Pre-Election Dispute Resolution Report for the 2022 General Election and the Case Digest on Decisions of the IEBC Dispute Resolution Committee (DRC), unveiling key findings and recommending legal reforms aimed at improving the management of electoral disputes ahead of future elections.

Speaking during the launch, IEBC Commission Secretary and Chief Executive Officer Moses Sunkuli said the publication of the two documents marks another milestone in the Commission's efforts to strengthen electoral governance and promote transparency in Kenya's electoral process.

"It is an honour to welcome all our stakeholders as we launch the Pre-Election Dispute Resolution Report for the 2022 General Election and the Case Digest on Decisions of the IEBC Dispute Resolution Committee. These publications document valuable lessons that will help strengthen future electoral processes," Sunkuli said.

He commended the Commission's Secretariat, including field officers, for their dedication in compiling the reports, noting that the launch follows the recent unveiling of the IEBC 2024–2029 Strategic Plan and the 2025–2027 Election Operations Plan.

Giving an overview of the Commission's dispute resolution process during the 2022 General Election, IEBC Director of Legal Services Chrispine Owiye said the Dispute Resolution Committee played a critical role in safeguarding the integrity of the electoral process by providing an impartial platform for resolving pre-election disputes.

He explained that the committee operated within the framework provided by the Constitution, the Elections Act, and the rules developed by the Commission to ensure disputes were handled fairly and within the strict statutory timelines.

"The Constitution guarantees every citizen the right to seek elective office, but that right can only be fully realised when there is an independent and impartial institution to resolve disputes fairly and expeditiously," Owiye said.

He noted that the election period for the 2022 General Election was officially gazetted on January 9, 2022, setting timelines for various electoral activities, including candidate registration.

According to the report, the Commission received 323 pre-election disputes, all of which were heard and determined by the Dispute Resolution Committee within the legally prescribed 10-day period.

Established under Section 74 of the Elections Act, the committee exercised the constitutional mandate granted to the Commission under Article 88(4)(e) of the Constitution to hear and determine disputes arising before elections.

The report also revealed a 64 per cent increase in independent candidates compared to the 2017 General Election, underscoring the growing role of independent candidature as an alternative avenue for aspiring leaders who fail to secure political party nominations.

"Independent candidature serves as a constitutional safety valve, preserving every citizen's right to seek elective office even where they do not obtain a political party certificate," Owiye observed.

Despite successfully concluding all cases within the statutory timelines, the Commission acknowledged several challenges that complicated the dispute resolution process.

Among them were bounced nomination fee cheques, limited banking hours that affected candidates attempting to correct payment errors before the 4:00 p.m. deadline, inadequate awareness of constitutional and legal requirements among some aspirants, and allegations of deliberate interference with candidates' supporter lists and registration details.

Drawing from the lessons learned, the Commission has proposed several reforms to improve the efficiency and fairness of future electoral dispute resolution.

One of the key recommendations is to extend the statutory period for determining pre-election disputes from 10 days to 14 working days. The Commission also proposes extending the filing period for disputes from the current 24 hours after the occurrence of a dispute to 72 hours after the close of candidate registration, giving affected parties more time to seek legal redress.

The report further recommends harmonising the interpretation of the terms "nomination" and "party nomination" under the Elections Act and the Political Parties Act to eliminate conflicting interpretations that have frequently generated disputes.

To curb fraudulent resignation claims by public officers seeking elective office, the Commission also recommends requiring a Certificate of Service issued under Section 51 of the Employment Act, rather than relying solely on resignation letters, which can easily be falsified.

Additionally, IEBC is proposing enhanced civic education and candidate sensitisation during pre-nomination meetings to ensure aspirants fully understand nomination requirements, documentation, and gazetted timelines before presenting their papers for registration.

The Commission said the recommendations contained in the report are intended to strengthen Kenya's electoral dispute resolution framework, improve compliance with electoral laws, and enhance public confidence in future elections.