The Independent Electoral and Boundaries Commission (IEBC) has said it will strengthen its pre-election dispute resolution system ahead of the 2027 General Election, drawing lessons from the 323 disputes it handled during the 2022 elections.
IEBC Chairperson Erastus Ethekon said the Commission was pursuing legal and administrative reforms aimed at improving public confidence in electoral processes, arguing that timely and impartial resolution of nomination disputes remains critical to the credibility of elections.
"Looking forward to the 2027 General Election, the Commission remains committed to building on the lessons documented in these publications. We shall continue to strengthen our dispute resolution mechanisms, deepen collaboration with our institutional partners, and pursue the legal and administrative reforms necessary to enhance public confidence in Kenya's electoral processes," Ethekon said.
The reforms are informed by the Commission's experience during the 2022 General Election, when its Dispute Resolution Committee heard and determined 323 pre-election disputes within the timelines prescribed under Section 74 of the Elections Act.
According to Ethekon, nearly all the committee's decisions were subsequently upheld by the courts, which he said demonstrated the soundness of the Commission's legal reasoning and adherence to the law.
He said electoral dispute resolution remains one of the most important pillars of democratic elections because it assures candidates, political parties and voters that grievances arising before an election will be resolved fairly and within constitutional timelines.
"Free and fair elections are measured not only by how votes are cast and counted, but also by the confidence that electoral grievances will be resolved fairly, impartially and within the law," he said.
Article 88(4)(e) of the Constitution mandates the IEBC to settle disputes arising from nominations and other pre-election processes, excluding election petitions and disputes filed after the declaration of results.
Ethekon said the Commission intends to use the jurisprudence developed during the 2022 election cycle to guide future dispute resolution and promote consistency in electoral decisions.
He said the Commission had compiled the decisions into a case digest to serve as a reference for judicial officers, lawyers, election administrators, political parties and scholars involved in electoral governance.
The accompanying report also documents operational challenges encountered during the last General Election and proposes reforms aimed at making future dispute resolution more efficient and accessible.
The Commission acknowledged the contribution of the Judiciary, the Office of the Registrar of Political Parties, the Law Society of Kenya and development partner ELGIA in strengthening Kenya's electoral justice system.
The renewed focus on dispute resolution comes as the IEBC begins preparations for the 2027 General Election after the reconstitution of the Commission, with political parties expected to intensify nomination activities in the coming months.
Election observers have previously identified party nominations as one of the most contentious phases of Kenya's electoral cycle, with disputes over candidate selection frequently spilling into courts and threatening election timelines. The Commission hopes that implementing lessons from the 2022 polls will reduce such conflicts and reinforce confidence in the electoral process before Kenyans head to the ballot in 2027.
