The Independent Electoral and Boundaries Commission (IEBC) has lifted the lid on the intense legal workload it faced ahead of the 2022 General Election, revealing that it heard and concluded 323 pre-election disputes in just 10 days, even as it now pushes for changes to election laws to ease similar pressure in future polls.
The commission said the cases were handled by its Dispute Resolution Committee (DRC), the body established under Section 74 of the Elections Act to hear disputes arising from the registration of candidates before a general election.
Speaking on Thursday while presenting a review of the commission's dispute resolution process, IEBC said its powers to hear nomination-related disputes are drawn from Article 88(4)(e) of the Constitution and the Elections Act.
The commission explained that the 2022 election period was officially gazetted on January 9, paving the way for key electoral activities, including candidate nominations and registration.
It said 323 complaints were lodged before the DRC during the nomination exercise and every one of them was heard and determined within the 10-day period required by law.
According to the commission, handling the disputes within the statutory timeline offered valuable lessons that are now shaping proposals to improve the conduct of future elections.
The report states that the committee carried out its work under tight legal deadlines while ensuring that every party appearing before it received a fair hearing.
"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 matters brought before the committee ranged from candidate eligibility and political party nominations to compliance with various provisions of electoral law.
It added that the dispute resolution framework was developed using the Elections Act together with the Rules of Procedure on Settlement of Disputes to ensure cases were handled fairly and consistently.
Even so, IEBC said the 2022 experience exposed a number of weaknesses that should be addressed before the next General Election.
Among the biggest concerns was the requirement that complaints be filed within 24 hours after a dispute arises. The commission said the timeline leaves little room for complainants to collect evidence, prepare documents or seek legal advice before filing their cases.
To improve the process, IEBC has proposed extending the filing period to 48 hours while maintaining the need for timely resolution of electoral disputes.
The commission also pointed to challenges in disputes involving Section 43(5) of the Elections Act, which requires public officers seeking elective office to resign within the timelines set by law.
According to the report, verifying resignation documents submitted by some aspirants proved difficult, prompting a recommendation that former public officers be required to provide both resignation letters and certificates of service as evidence that they complied with the law.
Another issue arose over the time candidates reported to registration centres for clearance. IEBC said differences in personal watches occasionally led to disagreements on whether aspirants had arrived before the 4 pm deadline.
To reduce such disputes, the commission is recommending more public awareness to ensure candidates understand nomination timelines and report for clearance early.
IEBC said the lessons drawn from the 2022 nomination exercise will help strengthen its dispute resolution system and improve the transparency, credibility and efficiency of future elections.