IEBC Chair Could Get New Power to Declare President-Elect Early

A proposed change to Kenya’s electoral law could give the Independent Electoral and Boundaries Commission chairperson the power to declare a presidential winner before results from every constituency have been received.

The proposal is contained in the Elections (Amendment) (No. 2) Bill, 2024, which has been under consideration as Parliament reviews the country’s electoral framework ahead of the 2027 General Election.

Under the version initially approved by the Senate, the IEBC chairperson would be permitted to declare a presidential candidate elected if the commission determines that outstanding constituency results could not change the eventual outcome.

The provision is designed around a mathematical certainty: once one candidate has secured an insurmountable lead, waiting for every outstanding result may no longer affect the final winner.

However, the proposal has become part of a wider debate about how Kenya should balance efficiency in announcing election outcomes with transparency and public confidence in the electoral process.

The National Assembly subsequently deleted Clause 22, which sought to replace Section 39 of the Elections Act.

This means the Senate’s proposed provision was not retained in the version passed by MPs.

The Bill has now returned to the Senate for further consideration, leaving the final wording unresolved.

The issue comes at a particularly sensitive time as Kenya prepares for the 2027 elections.

Questions surrounding the tallying, verification and publication of presidential results have historically attracted intense political scrutiny, particularly following disputed elections and court challenges.

The debate has also extended to the question of livestreaming election results.

Parliament has sought to clarify that the National Assembly retained the requirement for the IEBC to establish a mechanism for livestreaming results, despite earlier reports suggesting that the legal requirement could be removed.

For supporters of the Senate proposal, allowing an early declaration where the remaining figures cannot mathematically alter the outcome could make the tallying process more efficient.

Critics, however, may question whether declaring a winner before every constituency has reported could affect public confidence, especially in a closely contested presidential race.

With the Bill now back before the Senate, lawmakers face another opportunity to settle the contentious provisions.

The eventual decision could shape not only how Kenya announces its next president, but also how voters perceive the credibility, transparency and legitimacy of the 2027 electoral process.

https://peopledaily.digital/news/elections-amendment-bill-senate-proposes-allowing-iebc-chair-to-declare-president-elect-before-all-results-arrive?fbclid=IwY2xjawVMKUhleHRuA2FlbQIxMQBwZG9mAXNydGMGYXBwX2lkDDM1MDY4NTUzMTcyOAABHgkoxAePjk439IuS04Ams7-TivLkXIGZH0jwwNJv-f8eKdD3iYViRDZGIjtH_aem_36-HD0WJo8BeVjBO8BpePw

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