The Independent Electoral and Boundaries Commission (IEBC) wants Kenyans challenging nomination decisions to have more time to file complaints, proposing that the current 24-hour deadline be doubled to 48 hours after finding the existing window too short for many complainants.
The proposal is contained in the commission's review of how pre-election disputes were handled during the 2022 General Election. IEBC says the changes are intended to improve access to justice while ensuring electoral disputes are resolved within the timelines set by law.
According to the report, the current rules leave complainants with limited time to prepare pleadings, collect evidence, seek legal representation where necessary and travel to Nairobi to lodge their complaints physically.
The commission believes extending the filing period to 48 hours would allow parties to adequately prepare their cases without affecting the election calendar.
“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 (for complainants who wish to do so) and travel to Nairobi for filing of the complaint physically. The 24-hour timeline for filing the complaint is limiting,” says the report.
The recommendation follows the commission's experience during the 2022 General Election, when its Dispute Resolution Committee received and determined 323 nomination-related complaints within the 10-day period provided under the Elections Act.
IEBC said the committee, established under Section 74 of the Elections Act, was mandated to hear and determine disputes arising from candidate nominations before the August 9, 2022 General Election.
The commission said its mandate to resolve nomination disputes is anchored in Article 88(4)(e) of the Constitution and the Elections Act, which require such cases to be concluded before elections are held.
It noted that the election period was gazetted on January 9, 2022, setting the timelines for key electoral activities, including the nomination and registration of candidates.
According to the report, every complaint lodged before the committee during the nomination period was concluded within the statutory 10-day deadline.
"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 report states.
The commission said the complaints covered issues such as candidate qualifications, party nomination disputes and compliance with electoral laws. It added that its dispute resolution system was developed under the Elections Act and the Rules of Procedure on Settlement of Disputes to ensure fairness and consistency.
Even so, the review found several legal and operational gaps that the commission believes should be addressed before the next election.
One of the proposed reforms targets compliance with Section 43(5) of the Elections Act, which requires public officers intending to contest elective positions to resign within the period prescribed by law.
IEBC said it faced difficulties verifying resignation documents submitted by some aspirants and recommended that former public officers be required to present both resignation letters and certificates of service as proof that they left public office lawfully.
The commission also identified disputes arising from disagreements over the exact time aspirants arrived at registration centres for clearance, with differences in personal watches at times determining whether candidates beat the 4 pm deadline.
To reduce similar disputes in future elections, IEBC recommended increased public awareness on gazetted electoral timelines and urged aspirants to report for clearance early.
The commission further proposed amendments to the Elections Act and the Political Parties Act to clearly define the term "nomination" and remove uncertainty over the respective mandates of the IEBC and the Political Parties Disputes Tribunal in handling electoral disputes.
It also wants its candidate clearance guidelines revised to require public officers seeking elective office to submit certificates of service issued under the Employment Act alongside resignation letters.
In addition, IEBC proposed requiring public sector employers to confirm the employment status of aspiring candidates and verify that they have been removed from the payroll within three days whenever the commission or another authorised agency requests the information.
The commission says the recommendations are drawn from lessons learnt during the 2022 General Election and are intended to strengthen the credibility, transparency and efficiency of future electoral processes.