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Corridors of Justice

Omtatah sues IEBC over "relaxed" ballot paper security rules

The matter is scheduled for mention on October 14 for further directions, including consideration of requests for conservatory orders.

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Omtatah sues IEBC over "relaxed" ballot paper security rules
Busia Senator Okiya Omtatah. PHOTO/The Star

National Reconstruction Alliance (NRA) Party leader Okiya Omtatah has challenged the Independent Electoral and Boundaries Commission’s (IEBC) decision to relax several ballot-paper security specifications ahead of the 2027 General Election, warning that the changes could undermine public confidence in the electoral process.

In a High Court petition, Omtatah wants the revised requirements reviewed and quashed, arguing that the commission has not demonstrated that the changes offer equivalent or stronger protection against electoral fraud.

The petition challenges changes introduced through Addendum No. 3, dated 17 September 2026, under Tender No. IEBC/OIT/02/2026-2027 for the supply of ballot papers and other electoral materials.

Under the revised specifications, single-colour black serial numbers may replace multi-coloured serialization, while static guilloche patterns and micro-text may be used instead of variable designs. Blind embossing has also been accepted in place of the previously required metallic foil stamping.

However, other security features, including watermarks, ultraviolet elements and anti-duplication QR codes, remain mandatory.

Omtatah said the concern was whether the combined changes would maintain the required level of protection, rather than whether any single modification automatically made ballot papers insecure.

“Our concern is not that these changes automatically make ballot papers insecure, but that their cumulative effect has not been demonstrated to preserve equivalent or superior protection,” he said in a statement.

He argued that ballot papers were central to the exercise of citizens’ political rights and that their authenticity, security and verifiability were essential to public confidence in elections.

The petition cites Articles 38, 81 and 86 of the Constitution, which address political rights and the requirements for free, fair, secure, accurate, transparent and verifiable elections.

It also invokes Article 227, which requires public procurement to be cost-effective, fair, equitable, transparent and competitive.

Omtatah said cost savings should not come at the expense of constitutional safeguards, adding that the petition was intended to secure accountability before potentially consequential decisions became irreversible.

The case, Nairobi High Court Petition No. E670 of 2026, is before Justice David Mburu and has been certified urgent.

According to Omtatah, the respondents were served and given seven days to respond, with the deadline falling on October 13,2026.

The matter is scheduled for mention on October 14 for further directions, including consideration of requests for conservatory orders.

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