A fresh push to protect the credibility of the 2027 General Election has begun after the Office of the Director of Public Prosecutions unveiled a special committee that will spearhead investigations and prosecution of election-related offences across the country.
Director of Public Prosecutions Renson Ingonga said the newly formed Elections Preparedness Committee (EPC) has been tasked with coordinating the handling of election offence cases while working closely with the Independent Electoral and Boundaries Commission (IEBC), the National Police Service (NPS) and other key institutions involved in the electoral process.
The committee, which will be led by the Secretary Prosecution Services, will investigate and prosecute offences under the Election Offences Act as part of efforts to provide a safe, secure and conducive environment for all political players regardless of their political affiliation.
Speaking in Nairobi on Thursday during the launch of the IEBC 2022 Pre-Election Dispute Resolution Report and Case Digest, Ingonga said protecting elections requires more than settling disputes, noting that criminal acts that threaten the electoral process must also be dealt with firmly.
He said the Constitution gives the Office of the Director of Public Prosecutions independent powers to institute criminal proceedings, while the Election Offences Act gives the office the mandate to direct investigations and prosecute election-related crimes.
“Electoral justice becomes a criminal justice issue where conduct undermines the freedom, fairness and integrity of elections. The Office of the Director of Public Prosecutions will independently prosecute election offences in the public interest,” Ingonga said.
He listed voter bribery, undue influence, personation, election violence, intimidation, misuse of public resources, unlawful interference with election technology, dissemination of false information, obstruction of election officials and breaches of the Electoral Code of Conduct as some of the offences that pose a threat to credible elections.
Ingonga said the committee will work hand in hand with the IEBC and other agencies to ensure those who break election laws face the law while strengthening public trust in the country's electoral system.
As the country prepares for the next General Election, the DPP said institutions should focus on three key areas to improve electoral justice. He called for stronger referral pathways between administrative findings and criminal investigations, early preservation of digital and documentary evidence, and better communication with the public to build confidence in the justice process.
"Trust is built not only through decisions made, but through decisions understood," he said, urging institutions to strengthen cooperation in protecting the country's democratic processes.
Ingonga also praised the IEBC for publishing the 2022 Pre-Election Dispute Resolution Report and Case Digest, saying the report provides an opportunity for institutions to evaluate their performance, identify gaps and improve the country's electoral justice system ahead of the 2027 polls.
He noted that the commission heard and determined 325 pre-election complaints within only nine days during the 2022 election period, demonstrating the heavy responsibility placed on institutions to deliver justice within strict constitutional timelines.
The DPP reaffirmed the commitment of the Office of the Director of Public Prosecutions to continue working with the IEBC, the National Police Service, the Ethics and Anti-Corruption Commission (EACC), the National Cohesion and Integration Commission (NCIC), the Political Parties Disputes Tribunal (OPDT), the Judiciary and other stakeholders to ensure electoral justice remains timely, credible and people-centred.
He said Kenya's democracy will be judged not only by the conduct of elections, but also by how well institutions protect the vote and uphold the Constitution.