The Independent Electoral and Boundaries Commission (IEBC) is facing renewed scrutiny over transparency concerns surrounding its electoral technology and the upcoming mass voter registration drive.
This follows recent court rulings that have cast doubt on the commission’s handling of elections. In 2017, the Supreme Court nullified the presidential election, citing the IEBC’s failure to meet the constitutional threshold for transparency, including its refusal to open servers for scrutiny. More recently, the High Court in Embu ordered a recount and scrutiny of results in the Mbeere North by-election over concerns about the management of the poll.
Analysts say the two rulings, though arising from different circumstances, point to a pattern of opacity in the commission’s operations.
Ndung’u Wainaina, the executive director of the International Centre for Policy and Conflict (ICPC), said the decisions highlight a longstanding failure by the IEBC to conduct elections in an open and accountable manner.
“The courts have consistently raised concerns about transparency. This is not an isolated issue but a systemic problem in how elections are managed,” he said.
The concerns have now shifted to the IEBC’s reported extension of a contract with Smartmatic International Holding B.V., the firm behind the Kenya Integrated Elections Management System (KIEMS). The extension has been challenged in court, with critics accusing the commission of failing to disclose key details to the public.
Democratic Party leader Justin Muturi has publicly demanded clarity on the renewal of the Smartmatic contract, but the IEBC has yet to respond.
“The commission must come clean on this matter. Kenyans deserve to know who is managing the technology that underpins our elections,” Muturi said in a previous statement.
The issue comes at a time when young voters have launched a mass registration campaign dubbed “Tuko Kadi,” aimed at increasing participation ahead of the next general election. However, questions remain over the technology being used in the exercise.
It is unclear whether the IEBC will deploy the same KIEMS kits supplied under the Smartmatic contract or use alternative systems.
Wainaina warned that the lack of disclosure raises serious constitutional concerns, particularly regarding Articles 81 and 86, which require elections to be transparent, accountable, and verifiable.
“Elections are only credible if the processes are open to scrutiny. The technology at the centre of the process must be beyond reproach,” he said.
Background
The KIEMS system is central to Kenya’s electoral process, integrating biometric voter registration, electronic voter identification, and results transmission into a single platform. Voters are first registered biometrically using KIEMS kits, capturing personal details including national identification numbers.
On election day, the same kits are used to verify voters electronically before they cast their ballots. Once voting ends, results are manually tallied at polling stations and recorded in statutory Form 34A. The results are then keyed into the KIEMS system and transmitted electronically, alongside scanned copies of the forms, to constituency and national tallying centres.
Under the 2021 tender, the IEBC required the supplier of KIEMS kits to provide both hardware and software, migrate voter data from previous systems, and offer technical support. Smartmatic emerged as the successful bidder, taking on a role that involves interaction with sensitive voter data, although other contractors also support different aspects of the system.
Questions over accountability have persisted, particularly where system failures occur. During the 2022 election cycle, the IEBC reported failures in some KIEMS kits during a pre-election dry run, raising concerns about the reliability of both new and legacy systems.
Critics argue that the involvement of multiple service providers—including those responsible for data centre maintenance, network infrastructure, and security systems—further complicates accountability in the event of technical breakdowns.
With mass voter registration set to begin on March 30, pressure is mounting on the IEBC to clarify whether the kits to be used are part of the Smartmatic system and to disclose the terms under which the technology is being deployed.
Civil society groups and political leaders are now calling for full disclosure on the status of KIEMS kits, the terms of engagement with Smartmatic, and the safeguards in place to ensure transparency and accountability.
So far, the commission has remained silent.
