Bill delays, court cases cast shadow over 2027 elections

With less than 11 months to the next General Election, there is growing concern that the exercise could be derailed by delays by Parliament to pass laws aimed at reforming the country’s electoral process and court cases.

Despite a compromise reached between the ruling United Democratic Alliance (UDA) and the opposition led by the Orange Democratic Movement (ODM)  to end the standoff that followed the 2022 presidential elections, Parliament is yet to pass Bills emanating from recommendations of the National Dialogue Committee (NADCO), which are considered critical to facilitating a transparent, free and fair election.

One of them is the Elections (Amendment) Bill 2024, which seeks to overhaul almost the entire electoral process from registration of voters, qualifications of candidates, technology procurement to tallying and transmission of presidential election results.

After the Independent Elections and Boundaries Commission (IEBC) advertised a tender for the Kenya Integrated Elections Management System (KIEMS), former Attorney General Justin Muturi cautioned that the agency should await passage of the Bill before proceeding with the procurement process as it addresses critical issues such as intellectual property rights, which have proven controversial in the past.

He challenged President William Ruto, who is seeking re-election, to demonstrate his commitment to a transparent, verifiable and credible election by assenting to the legislation if Parliament passes it but bemoaned that the Bill has been stuck in the Committee on Legal Affairs for over one and half years.

“The law should establish the necessary safeguards before major technological and vendor commitments are made for the 2027 election. President William Ruto, who is also the UDA presidential candidate, should, in turn, demonstrate his commitment to a transparent, verifiable and credible election by assenting to the legislation if Parliament passes it. The country does not need another explanation for delay; it needs action,” Muturi said in a statement last month.

There is also the Elections Offences (Amendment) Bill 2024, which seeks to to amend the Election Offences Act (Cap. 66) to strengthen electoral integrity, plug legal gaps, and implement recommendations from NADCO.

If enacted, it  will enhance accountability and create specific offenses for members and staff of IEBC;  criminalise the unreasonable delay in declaring election results or failing to meet constitutional and statutory declaration timelines; impose strict penalties and criminal liability for knowingly or intentionally interfering with, altering, or causing the alteration of declared election results; and enforce stiffer penalties for breaches, including fines up to Sh2 million, imprisonment for up to five years, or both.

In the courts, the case pending in the Supreme Court over whether impeached persons can contest in elections pending determinations of their legal challenges, disputes over the KIEMS and voter register tender and a case seeking to have IEBC compelled to disclose the location of polling stations, the national tallying centre and procedures for voter identification and verification are closely being watched.

For instance, if the apex court rules in favour of impeached persons, it would offer a lifeline for former Deputy President Rigathi Gachagua, who is eyeing State House, and potentially jolt the search for a single opposition candidate.