Come clean on November mini polls plans, opposition tells IEBC

The opposition coalition has written to the Independent Electoral and Boundaries Commission (IEBC), seeking access to information and records necessary to verify whether the Commission has exercised due diligence and complied fully with the Constitution and applicable laws in operations.

This demand is contained in a letter addressed to IEBC Chief Executive Officer Marjan Hussein Marjan by Ndegwa and Ndegwa Advocates, acting on behalf of the Wiper Democratic Front (WDF), Democratic Action Party (DAP-K), Democracy for Citizens Party (DCP), and the Peoples’ Liberation Party (PLP).

In the letter, lawyer Njiru noted that the Opposition has raised concerns that the IEBC may have violated or contravened constitutional provisions and other laws.

“We hereby formally request access to critical information and records necessary to verify that the Commission has exercised due diligence in ensuring full compliance with the Constitution and the law in all its dealings,” Njiru stated.

He added that his clients believe the information requested is essential to assess whether the Commission is meeting its constitutional mandate and legal obligations.

“The disclosure of this information will significantly contribute to enhancing electoral justice and the credibility of future elections, including the by-elections scheduled for 27 November. We therefore respectfully request that the information be provided to our clients within 14 days, in accordance with the Constitution,” he added.

Among the key documents the Opposition is seeking are all minutes of the Commission’s plenary sessions and committee meetings from the date of the swearing-in of commissioners to the present.

They are also demanding documentation confirming that due diligence was conducted by the Commission to ensure that, prior to taking office, senior management—particularly the Secretary to the Commission—complied with constitutional and legal requirements.

This includes any internal or external audits or reviews of significant decisions and activities by the Commission’s management or secretariat, aimed at confirming adherence to legal provisions.

Njiru further stated that if any breaches of the Constitution, laws, policies, or administrative procedures have been identified, the IEBC should provide detailed reports on corrective actions taken, accountability measures pursued, and sanctions imposed on those responsible.

In addition, the Opposition is requesting minutes of all management and committee meetings, including decisions made, from January 2022 to date.

Due diligence

“Our clients are also seeking minutes and records of the procurement committee, with full details of any new or extended procurements and contracts, alongside the due diligence procedures applied in each case,” Njiru wrote.

The Opposition is particularly keen to obtain records and decisions related to the upcoming by-elections scheduled for 27 November. This includes criteria used in selecting staff to oversee the elections, as well as details of all contracts with service providers—especially those supplying election technology and materials.

“This should include the current status of contracts, original procurement processes, any extensions, risk assessments, potential impacts on future elections, due diligence undertaken, terms of reference, and all supporting documentation,” the letter reads.

The Opposition also wants access to documentation related to IEBC’s review and implementation of recommendations made by the Supreme Court in Election Petition No. 5 of 2013 (Raila Odinga & Others v IEBC & Others) and Election Petition No. 1 of 2017 (Raila Odinga & Another v IEBC & Others), as well as those from local and international election observers.

“Please include all measures undertaken to ensure future elections, including the imminent by-elections, are conducted freely, fairly, and in full compliance with the Constitution, the law, and international best practices,” Njiru stated.

The coalition further seeks comprehensive records on IEBC’s engagement with Smartmatic and any other entities providing election technology, consultancy, equipment, or services.

This includes procurement documentation, technical evaluations, due diligence reports, audits, meeting minutes, and international assessments of these firms’ competence and suitability.

If contracts with Smartmatic or similar providers have been extended, the Opposition wants detailed explanations including the legal basis for such extensions, the due diligence undertaken, risk analysis, stakeholder consultations, and management’s role in the decisions.

“Our clients also want to know the Commission’s official position on Smartmatic’s performance in past elections, particularly with regard to constitutional and legal compliance. This includes whether information was withheld from the public or from parties in Presidential Election Petition E005 of 2022 (Raila & 16 Others v Ruto & 10 Others), and whether any administrative action was taken,” Njiru added.

Meanwhile, IEBC is preparing for 24 by-elections amid logistical and financial challenges.

Last week, the Commission revealed that while 16 of the by-elections have been funded to the tune of Sh788 million, eight remain in limbo due to a Sh238 million funding shortfall, with the total budget estimated at Sh1.046 billion.

In Malava, parliamentary aspirant Ryan Injendi, son of the late MP Malulu Injendi, accused Prime Cabinet Secretary Musalia Mudavadi of interfering in the ruling UDA primaries. Ryan claimed he was rigged out in favour of David Ndakwa, the current West Kabras MCA.

“I accept the results, but not in good faith,” Ryan alleged.

DAP-K has nominated Seth Panyako for the Malava seat.

“We used scientific data to guide our nominations,” said DAP-K party leader Eugene Wamalwa.

In Mbeere North, the Democratic Party (DP) led by former Public Service CS Justin Muturi has endorsed Newton Kariuki, popularly known as Newton Karish, as its flagbearer.

Democracy for Citizens Party (DCP), led by former Deputy President Rigathi Gachagua, withdrew its candidate in favour of DP’s nominee. Gachagua has since accused President Ruto of sponsoring numerous small parties in the Mt Kenya region to divide the vote.

“Ruto is behind many of these ‘wheelbarrow’ parties in Mt Kenya. The region is now flooded with parties whose only aim is to dilute the vote,” Gachagua said during a TV interview on Sunday.