MPs reject key IEBC election law changes ahead of 2027 polls

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Listen The proposals seek to change the rules governing the number of voters assigned to each polling station, the nomination of Members of County Assemblies (MCAs) and the handling of disputes arising from political party primaries.

At least three proposed changes to election laws by the Independent Electoral and Boundaries Commission (IEBC) are facing rejection in the National Assembly, dealing a blow to the commission’s plans ahead of the 2027 General Election. The proposals seek to change the rules governing the number of voters assigned to each polling station, the nomination of Members of County Assemblies (MCAs) and the handling of disputes arising from political party primaries. Contained in the Elections (Amendment) Bill, 2024, the proposed changes have faced resistance from legislators, who have questioned the timing of the reforms and the amount of money required to implement them. More To Read How Mt Kenya defections are putting pressure on Ruto’s 2027 bid Nakuru Senator Tabitha Karanja quits UDA, joins DCP as she eyes Nakuru Governor seat National Reconstruction Alliance sues IEBC over 2027 ballot paper security changes IEBC tells MP David Gikaria to pay Sh2.5 million fine, apologise after court loss Uganda warns citizens against crossing into Kenya for 2027 election activities Gathoni Wamuchomba dumps UDA, says she will defend Githunguri seat on new party One of the contested proposals seeks to introduce a requirement that anyone nominated to serve as an MCA must be a registered voter in the county where they are seeking the position. The Bill proposes to amend the principal Act to require political parties to nominate candidates who meet this condition. “A person shall not be nominated by a political party unless the person is, on the date of submission of the party list by the political party, a registered voter in any of the wards in the county in which the person is nominated,” reads the Bill. Latest Stories Eliud Kipchoge wins Melbourne Marathon at 41, sets new course record Nurses, midwives demand joint probe into negligence claims at JOOTRH Counties barred from withholding taxes and deductions as government automates payroll system Solar boom rapidly transforming emerging economies National Assembly Leader of Majority Kimani Ichung’wah has opposed the proposal, describing it as regressive, unconstitutional and unfair. He said he would seek to have the provision removed when the Bill reaches the Third Reading, arguing that Kenyans should be allowed to serve in county assemblies across the country regardless of where they are registered as voters. “I would be moving amendments when we get to the Third Reading to remove that particular provision. Any Kenyan can be nominated to serve in a county assembly in any part of the country. That is how we bring our people together and build cohesion,” Ichung’wah said. Nominated MP Irene Mayaka also criticised the proposal, arguing that it conflicts with the Constitution’s provisions on freedom of movement and residence within Kenya. Under the current arrangement, a person can be nominated to any of the country’s 47 county assemblies without having to be registered as a voter in the county where they seek to serve. There are 770 nomination slots for MCAs across the country, in addition to the 1,450 seats filled through direct elections. The proposal to increase the number of voters assigned to each polling station has also drawn opposition from MPs. The IEBC wants the current limit of 700 voters per polling station increased to 1,000, but legislators have questioned the plan, saying the commission has not proposed a corresponding increase in the number of polling stations. They have warned that allowing more voters to use the existing stations could result in long queues, expose the electoral process to malpractice and make it harder for some Kenyans to cast their ballots during the 2027 elections. Wajir East MP Aden Mohammed said the proposed increase could make voting more difficult and prolong the time required to complete the process. “We want to make elections easier, not harder, for people. A limit of 1,000 people per polling station could mean it takes more than 12 hours to vote. We will, therefore, propose an amendment to that section and retain the number at 700, if the House agrees,” Aden said. The commission has defended the proposal, saying the voter identification machines it now uses are faster than those deployed during the 2013, 2017 and 2022 General Elections. It has also said the proposed increase is based on research conducted as part of its post-election evaluation of the 2022 polls. According to the IEBC, raising the limit would allow most polling stations to complete voting by 4:00 pm if the proposed changes are approved. However, the plan remains contested, with legislators concerned about the time voters could spend waiting to cast their ballots and the effect of increased numbers on the management of polling stations. The commission is also facing resistance over its role in disputes arising from political party nominations, with MPs seeking to transfer the responsibility to the Elections Disputes Tribunal. The MPs argue that the IEBC’s involvement in party primaries and the settlement of nomination disputes interferes with the independence of political parties and their ability to manage their internal affairs. Article 88 (4) (e) of the Constitution states that the commission “is responsible for the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes after the declaration of election results”. Despite this provision, MPs want the proposed amendments to remove the IEBC from handling disputes arising from party nominations and place the responsibility with the Elections Disputes Tribunal. Justice and Legal Affairs Committee chairman George Murugara said the commission should no longer be involved in settling disputes linked to party nominations. “We’ve to delete the role of the IEBC in the settlement of electoral disputes arising from nominations,” Murugara said. He argued that political parties should be free to conduct their nominations and decide how to select their candidates without the electoral commission’s involvement. Other Topics To Read 2027 general election election disputes Kenyan election laws MCA nominations IEBC Elections (Amendment) Bill 2024

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