A parliamentary committee has faulted the enactment of electoral laws too close to a general election, warning that the practice undermines the Independent Electoral and Boundaries Commission’s (IEBC) ability to plan and deliver a credible poll.
The Constitutional Implementation Oversight Committee (CIOC) of the National Assembly, in a report tabled in the House, said electoral-related laws should be passed at least two years before a general election to allow adequate preparation time for the electoral agency.
“Passing electoral-related Bills less than two years to the election may undermine the Commission’s planning within the set timelines,” the committee chaired by Suba South MP Caroli Omondi noted in the report.
Among the election-related Bills arising from the National Dialogue Committee (Nadco) report and awaiting parliamentary approval are the Elections (Amendment) Bill 2024, the Election Offences (Amendment) Bill 2024, and the Political Parties (Amendment) Bill 2024.
The Bills were published last year, passed by the Senate and transmitted to the National Assembly for concurrence. The National Assembly has since passed the Elections (Amendment) Bill 2024 with amendments and returned it to the Senate for consideration.
So far, the amendment to the IEBC Act, which expanded the selection panel that recruited the current IEBC commissioners, remains the only fully implemented recommendation from the Nadco report.
With less than 20 months to the August 2027 General Election, the committee warned that the legislative process is already behind schedule—contrary to recommendations by the Independent Review Commission (IREC) on electoral reforms, chaired by retired South African Judge Johan Kriegler.
The Kriegler Commission’s report, adopted by Parliament in 2008, advised that electoral legal reforms should be concluded at least two years before a general election.
Echoing this position, the IEBC warned in a submission to the CIOC that frequent enactment or amendment of electoral laws close to elections disrupts planning and implementation of electoral activities.
“This tendency contradicts the recommendations of the Kriegler Commission that legal reforms should be undertaken at least two years before a general election,” the IEBC stated.
Nadco, a bipartisan initiative, was formed to ease political tensions following deadly protests after the late Azimio leader Raila Odinga disputed the outcome of the August 9, 2022, presidential election.
Azimio leader Raila Odinga holds a copy of a copy of Nadco report flanked by Wiper Party Leader Kalonzo Musyoka, Majority leader Kimani Ichung’wah and other leaders at Capital Hill.
Photo credit: File | Nation Media Group
Beyond the Nadco Bills, the IEBC told the committee it had identified gaps in the electoral legal framework and proposed several legislative reforms, including the Elections (Amendment) Bill 2022, County Governments Election Laws (Amendment) Bill 2024, Draft Referendum Bill 2020 and accompanying regulations.
Other proposals include amendments to voter registration, election technology, party primaries, voter education regulations, campaign financing laws and rules on boundary delimitation.
The Elections (Amendment) Bill 2024 seeks to operationalise Article 88(4)(g) of the Constitution, which requires Parliament to appoint an independent firm to evaluate the electoral process within one year after a general election.
Parliament. The National Assembly will resume its regular sittings next week, with the consideration of the National Dialogue Committee (Nadco) Bills among the key priority agendas for the lawmakers.
Photo credit: File | Nation Media Group
The Bill proposes an audit of the voter register, a review of the roles played by the media and civil society, and an assessment of voting, counting and tallying procedures.
“The Bill provides for the appointment by Parliament of an independent firm to carry out an evaluation of the electoral process after a general election,” reads its memorandum of objects and reasons.
If enacted, it would mark the first time IEBC formally facilitates a post-election evaluation since the 2010 Constitution came into force, despite having overseen three general elections.
The Election Offences (Amendment) Bill 2024 proposes a fine of up to Sh2 million, a jail term of up to five years or both for conducting elections outside gazetted polling stations. The penalties target IEBC staff, officials, and collaborators.
The Bill also creates offences for IEBC officials who unreasonably delay the declaration of results or knowingly alter declared outcomes, and seeks to ensure that results declared originate strictly from gazetted polling stations.
Meanwhile, the Political Parties (Amendment) Bill 2024 has drawn criticism for weakening party discipline by allowing elected leaders to promote rival party ideologies without losing their seats.
The Bill proposes the repeal of Section 14A of the Political Parties Act, which outlines the circumstances under which a member is deemed to have resigned from a party.
If enacted as published, the law would allow MPs, MCAs, governors, and even the President to promote the interests of rival parties without sanctions—effectively turning political parties into vehicles of convenience and undermining the foundations of Kenya’s multiparty democracy.
Section 14A currently provides that a party member is deemed to have resigned if they publicly advocate for the formation of another political party or promote the ideology, interests, or policies of a rival party.
