The Independent Electoral and Boundaries Commission (IEBC) has proposed extending the deadline for filing pre-election disputes from 24 hours to 48 hours, arguing that the current timeline is too restrictive and limits complainants’ ability to adequately prepare their cases.
The proposal is among several electoral reforms contained in the commission’s review of its dispute resolution process during the 2022 General Election, where it handled hundreds of nomination-related complaints within tight legal deadlines.
IEBC Wants More Time for Complainants
According to the commission, the current 24-hour filing window does not provide enough time for complainants to draft pleadings, gather evidence, instruct legal counsel, and travel to Nairobi to file complaints where physical submissions are required.
In its report, the IEBC recommended amending the Rules of Procedure governing the Dispute Resolution Committee (DRC).
“IEBC should consider an amendment to the Rules of Procedure to increase the timeline for lodging a complaint before the Dispute Resolution Committee (DRC) from 24 hours to 48 hours to give complainants adequate time to draft the pleadings, collect evidence, instruct Counsel and travel to Nairobi for filing of the complaint physically. The 24-hour timeline for filing the complaint is limiting,” the report states.
The commission believes the additional 24 hours would improve access to justice while preserving the country’s electoral calendar.
IEBC Resolved 323 Disputes in 10 Days
The recommendation follows the commission’s experience during the 2022 General Election, when its Dispute Resolution Committee handled 323 nomination-related complaints within the statutory 10-day period provided under the Elections Act.
The committee, established under Section 74 of the Elections Act, is mandated to resolve disputes arising from candidate nominations before general elections.
According to the report, all complaints filed during the nomination period were heard and determined within the legal timelines.
“The committee heard and determined a total of 323 complaints that were lodged with the IEBC-DRC within 10 days. The members of the commission, staff and external counsel worked professionally within the legal framework to dispense with all matters filed.”
The disputes included issues relating to candidate eligibility, party nominations, and compliance with electoral laws.
More Reforms Proposed Ahead of Future Elections
Beyond extending the filing deadline, the IEBC has proposed several legal and administrative reforms aimed at improving the electoral dispute resolution process.
One recommendation targets compliance with Section 43(5) of the Elections Act, which requires public officers seeking elective positions to resign within the prescribed period.
The commission said verifying resignation documents presented by candidates proved difficult and recommended that aspirants be required to submit both resignation letters and certificates of service as proof that they lawfully exited public service.
The IEBC also wants public sector employers to confirm the employment status of aspiring candidates and verify their removal from the government payroll within three days whenever requested by the commission or other authorised agencies.
Calls for Clearer Electoral Laws
The commission further urged Parliament to amend both the Elections Act and the Political Parties Act to provide a clearer definition of the term “nomination.”
According to the report, the changes would eliminate confusion over the respective roles of the IEBC and the Political Parties Disputes Tribunal in handling electoral disputes.
Another challenge highlighted in the report involved disagreements over the exact time candidates arrived at registration centres for clearance. In some cases, differences between personal watches determined whether aspirants met the mandatory 4 p.m. deadline.
To reduce such disputes, the commission recommended increased public awareness campaigns on gazetted electoral timelines and urged candidates to report early for nomination clearance.
Lessons From the 2022 Elections
The IEBC says lessons learned from the 2022 electoral cycle will help strengthen its dispute resolution framework ahead of future elections.
According to the commission, the proposed reforms are intended to improve the credibility, transparency, efficiency, and fairness of Kenya’s electoral process while ensuring that disputes are resolved more effectively before polling day.