The window to put new election laws in place before the 2027 General Election is quickly narrowing, piling pressure on Parliament to conclude debate on a raft of proposals from the Independent Electoral and Boundaries Commission (IEBC).
With the electoral body calling for all the reforms to be settled by August 31, lawmakers are now working to complete their review before the House resumes later this month.
The National Assembly's Justice and Legal Affairs Committee, led by George Murugara, has been examining the proposals submitted by IEBC following a consultative meeting held in Mombasa in April.
The commission told the committee the proposed changes are necessary to strengthen planning and improve the conduct of the August 2027 General Election.
Among the changes under consideration is a proposal to repeal Section 21 of the Election Offences Act to allow IEBC to prosecute election-related offences. The commission argued that dealing with such offences is a function that should rest with the electoral body instead of the Office of the Director of Public Prosecutions.
Lawmakers are also reviewing a proposal to amend Clause 19 (8A) of the Elections Laws (Amendment) Bill to require anyone nominated by a political party to a county assembly to be a registered voter in that county. IEBC further proposed that the same rule should apply to nominees to the National Assembly and the Senate.
The commission has also asked Parliament to amend Section 36(2) of the Elections Laws (Amendment) Bill on party lists for nominated seats. It wants the law to require political parties to begin the list with a female candidate before alternating between female and male candidates.
"A party list submitted under section 1 (a), (c) (d) (e) and (f) shall commence with the name of a female candidate and alternate between male and female candidate in the priority in which they are listed," reads the proposal.
According to IEBC, the amendment is intended to support efforts to attain the two-thirds gender principle in Parliament.
Another proposal seeks changes to Section 38A of the Elections Act by increasing the number of voters assigned to each polling station from 700 to 800.
The commission said advances in voter identification technology make the increase possible, noting that the new kits are faster than those used during the 2013, 2017 and 2022 elections. It also plans to deploy more clerks during the next election to direct voters to the correct streams, reducing the time spent searching for names and polling stations.
IEBC added that the proposal is informed by findings from its post-election assessment of the 2022 General Election.
The committee is equally considering proposals touching on the declaration and transmission of election results. While the National Dialogue Committee (Nadco) proposed amending Clause 20 of the Elections (Amendment) Bill to require electronic transmission of polling station results within two hours, IEBC told lawmakers the timeline cannot be achieved during an election.
"The timeline of two hours to electronically transmit results is not practical for any election official."
The electoral body has also backed changes affecting independent candidates through an amendment to Section 32 of the Elections Act on approval of election symbols. The proposal seeks to limit rejection of symbols to cases where they resemble those of political parties, independent candidates or other legal entities within the same county.
"The Commission may refuse to approve the symbol of an independent candidate if the symbol is obscene or offensive, is the symbol of a political party or another independent candidate within the same county or so nearly resembles the symbol of a political party or another independent candidate within the same county or another legal entity registered under any other written law," reads the proposal.
IEBC is also seeking changes to Regulation 34 (2) of the Elections (Registration of Voters) Regulations, 2012, to allow voter registration for Kenyans living abroad beyond embassies, high commissions and consulates.
The commission told the committee the current regulation limits access to voter registration for citizens living in countries or regions without nearby Kenyan diplomatic missions. It argued that the restriction conflicts with Article 38 of the Constitution, which guarantees every adult the right to register as a voter and vote without restrictions.
IEBC also cited Article 82 of the Constitution, saying electoral laws should support the gradual registration of Kenyans living outside the country and the progressive enjoyment of their voting rights.
Parliament will also be required to amend several election regulations before the proposed reforms can be implemented ahead of the 2027 General Election.