IEBC seeks legal reforms, warns Sh22b shortfall could threaten 2027 polls

The Independent Electoral and Boundaries Commission (IEBC) is under immense pressure from the political class and the public to deliver a free, fair, and credible election in 2027, in what is shaping up to be a high-stakes scramble for power.

The united opposition, buoyed by a campaign to unseat President William Ruto’s administration, has challenged the electoral agency to an impartiality test by demanding that IEBC cease any further engagement with Smartmatic, the company that supplied the Kenya Integrated Election Management System (KIEMS) kits for the 2022 General Election.

They have demanded the immediate severing of ties between the Commission and Smartmatic, citing concerns that the company has been the subject of internal investigations over systems allegedly prone to manipulation and has been used as a conduit to rig elections.

On the other hand, the Commission is also grappling with a trust deficit from the public, which has criticised the commissioners’ appointments, terming the current team a “Ruto commission.”

As the electoral agency works to regain public trust and shed the “compromised” tag, it has submitted a series of demands to the government, which it says are essential for ensuring free, fair, and verifiable elections

In a document presented to the National Assembly, the Commission, chaired by Erastus Ethekon, proposed legal reforms, plugging a Sh22 billion funding gap, and settlement of pending bills to prepare for the polls. IEBC seeks a review of seven laws, including the Elections Act, to revise the results path and declaration procedures following the Supreme Court’s decisions in the 2022 presidential petitions (E005, E001, E002, E003, E004, E007 and E008). The reforms also cover recalling MPs and timelines for inspecting the voters’ register, biometric data and nominations.

The Commission further recommends streamlining dispute resolution, ensuring party lists are provided on time, and extending timelines for disputes arising from candidate registration and pre-election determinations. The Elections Offences Act is also set for amendments to give IEBC greater powers in handling breaches of the electoral code of conduct.

Ethekon emphasised that these laws should be in place at least a year before the elections. “The Commission’s preparations for the 2027 General Election are deliberate and firmly grounded in evidence and experience. The credibility of the process will depend on institutional readiness, effective interagency coordination, timely and sufficient resourcing, and sustained public confidence. The Commission remains resolute in the discharge of its constitutional mandate and looks to Parliament’s continued partnership in upholding and protecting Kenya’s democratic architecture,” he said.

He added: “The General Election is the Republic’s most extensive democratic exercise, whose success depends not only on polling day but on years of preparation, institutional learning, and coordinated action among government, stakeholders, and the public.”

The document also details the need to review the Campaign Financing Act, including deleting obsolete provisions, removing party expenditure committees, and replacing section 11 to restrict contributions and donations to election campaigns. Section 14 is proposed to be amended to prohibit foreign government donations.

Ethekon also highlighted quorum issues, noting that the law currently recognises five commissioners, while there are seven, and proposed reforms to allow MPs to be recalled by constituents. “We propose exporting provisions from Sections 27, 28 and 29 of the County Government Act, with necessary modifications, to Part IV of the Elections Act for Members of Parliament,” he said.

A major concern, according to IEBC, is inadequate funding. Ethekon told MPs that the National Treasury had allocated only Sh41 billion of the Sh63 billion required, leaving a shortfall of Sh22.9 billion. This, he said, would limit preparations and affect compliance with constitutional timelines and standards.

The funding gap is expected to hamper voter education, civic awareness, legal and regulatory reforms, strategic communication, stakeholder engagement, election security, staff training, logistics, procurement of materials, and settlement of legal bills. Pending bills from previous elections, amounting to Sh4.9 billion, remain unsettled.

“These pending obligations have resulted in supplier reluctance, increased procurement costs, erosion of institutional credibility, reduced operational flexibility and financial independence as espoused under Article 249(3). The Commission appeals to Parliament to facilitate expeditious settlement of verified pending bills and to support progressive closure of the 2027 funding gap,” Ethekon emphasised.

He reassured MPs that the Commission is working to regain public trust. “Last year when we took office, there were still complaints about trust. We as a Commission are looking at how to reform the secretariat internally. We will inform Parliament on what reforms we are doing to have a secretariat fit for elections,” he said.

Following the presentation, National Assembly Speaker Moses Wetangula directed the Justice and Legal Affairs Committee (JLAC), led by Tharaka MP George Murugara, and the Constitutional Implementation Oversight Committee (CIOC), chaired by Suba South MP Caroli Omondi, to meet with IEBC within a week to discuss the implementation of the Commission’s recommendations.