An Independent Electoral and Boundaries Commission (IEBC) official inside a polling station in Kiambu County before polls open during Kenya's general election on August 9, 2022.
Parliament will be required to hire an independent firm to conduct an assessment of the electoral process within a year of a general election if a Bill before Parliament becomes law as originally published.
The Elections (Amendment) Bill 2024, a product of the National Dialogue Committee (Nadco) co-chaired by the government and the opposition, seeks to update Article 88 (4) (g) of the Constitution.
The Article mandates the country's electoral body – the Independent Electoral and Boundaries Commission (IEBC) – to facilitate the evaluation of the elections.
The evaluation, the Bill proposes, will include a review of the legal framework, processes and costs associated with the electoral process, with a report to be submitted to Parliament within 90 days of the appointment of the independent firm.
“The Bill proposes to provide for the appointment by Parliament of an independent firm to carry out an evaluation of the electoral process after a general election,” the Bill states in its memorandum and objects of reasons.
The evaluation will be critical in informing subsequent processes in terms of reforms that may need to be undertaken to strengthen the credibility of Kenya's electoral system in terms of efficiency and value for money, among others.
To make this a reality, the Bill, sponsored by Senate Majority Leader Aaron Cheruiyot (Kericho) and his Minority colleague Stewarts Madzayo (Kilifi), proposes the insertion of new sections – 87A, 87B and 87C – into the Elections Act.
If enacted and updated, this will be the first time that the IEBC will facilitate the evaluation of elections since the current Constitution came into effect on August 27, 2010, and has so far overseen three general elections.
“The IEBC shall prepare and submit to Parliament a report on the evaluation process and shall publish and publicise the report,” the Bill reads.
According to the Bill, the evaluation process will include a review of the costs of conducting the general elections, including the procurement of necessary goods and services, and a review of the legal framework under which the general elections were conducted.
There will also be an audit of the voters' register used during the elections, a review of the role of the media and civil society in the elections, an assessment of the voting procedures on election day and a review of the vote counting procedures on election day.
A review of the electoral information and communication technology used in the conduct of the general elections is also required, as well as an audit of the human resources deployed in the conduct of the general elections and a review of the existing electoral dispute resolution mechanisms.
For example, the August 2022 general election review report by the Koffi Annan Foundation and the Centre for Multiparty Democracy (CMD) recommended that electoral law reforms be prioritised and addressed immediately after the elections.
The post-election review report also urged the IEBC and the Ethics and Anti-Corruption Commission (EACC) to explore how to "practically" ensure that political candidates meet leadership, ethics and integrity requirements.
“The IEBC should ensure it meets all legislative timelines and conditions ahead of the elections such as the auditing of the voter register,” the post-election review report says as it urged the IEBC “to adapt its voter education program to suit different demographics.”
The report also wants the IEBC to ensure that campaign finance regulations are published and implemented to ensure a level playing field for all candidates competing in an election.
