Deputy Chief Justice Philomena Mwilu has said the success of any election is measured not only by how people vote but by whether the public believes the entire process is fair, lawful and transparent, saying confidence in electoral institutions is the backbone of democracy.
Speaking during the launch of the Independent Electoral and Boundaries Commission (IEBC) Pre-Election Dispute Resolution (Pre-EDR) Report and Case Digest, Mwilu said electoral justice remains one of the strongest safeguards of democratic governance because it assures citizens that disputes will be handled fairly and within the law.
In a statement shared on X on Thursday, July 9, 2026, the Deputy Chief Justice said the country's electoral system can only maintain public trust when every stage of an election is conducted openly and any disagreements are resolved through impartial legal processes.
“Elections are not sustained by simply casting ballots, but by the confidence of citizens that every stage of the electoral process is governed by law, administered fairly, and subject to impartial review where disputes arise,” Mwilu said.
She said the Constitution gives the IEBC the mandate to determine disputes arising from nominations, making the Commission's Dispute Resolution Committee (DRC) a vital institution in protecting the credibility of elections before voting takes place.
Mwilu observed that nomination disputes have become more common over the years and are increasingly raising constitutional issues. She said this shows that political players are embracing legal and constitutional channels to settle disagreements instead of pursuing other options.
She added that resolving disputes quickly and making the process easily accessible allows citizens to seek justice without lengthy court cases while creating certainty before elections are held.
“The accessibility of the DRC enables citizens to obtain remedy quickly without resorting to courts. The work of the DRC is to promote certainty before uncertainty gives rise to instability. This is an indispensable component of electoral integrity,” she stated.
Mwilu acknowledged that members of the committee work under demanding timelines and intense public scrutiny but said they must continue to uphold the Constitution and the law in every decision they make.
“Despite these extraordinary pressures, the DRC must remain faithful to the law and the Constitution. It occupies a delicate constitutional space in election management,” she added.
Her remarks came as the IEBC unveiled a series of proposals aimed at improving the management of pre-election disputes before the 2027 General Election.
Among the recommendations contained in the Pre-Election Dispute Resolution Report is a proposal to increase the period for determining pre-election disputes from 10 days to 14 working days.
The Commission is also proposing to extend the deadline for filing complaints from 24 hours after a dispute arises to 72 hours after the close of candidate registration, saying the extra time would allow complainants to prepare their cases adequately.
Other proposals include harmonising the legal meaning of the terms "nomination" and "party nomination" to reduce conflicting interpretations that have led to litigation in previous elections.
The IEBC is also seeking stricter requirements for public officers seeking elective seats to prove they resigned in accordance with the law, alongside enhanced civic education for aspirants before party nominations begin.
According to the Commission, the proposed reforms are intended to strengthen the credibility of nominations, reduce avoidable disputes and improve the efficiency of electoral dispute resolution as preparations for the 2027 General Election continue.