Just 10 months before the General Elections, Kenya’s Independent Electoral and Boundaries Commission has faced significant legislative setbacks as the National Assembly rejected proposed changes to polling station limits, Member of County Assembly nominations, and the management of political party primaries.
With the next General Election approaching in 10 months, the Independent Electoral and Boundaries Commission (IEBC) is confronting serious hurdles in Parliament regarding its legislative agenda. Lawmakers in the National Assembly have pushed back against at least three key proposals contained in the Elections (Amendment) Bill, 2024. According to Nation, a hostile House has questioned both the timing of the amendments and the financial requirements requested by the electoral agency.
Polling Station Capacity and Voter Limits Rejected
The electoral commission sought to increase the number of voters assigned to a single polling station from 700 to 1,000. IEBC argued that the change was backed by post-election evaluation research from the 2022 polls and noted that its modern voter identification technology operates faster than the equipment used in 2013, 2017, and 2022. The commission estimated that the adjustment would allow most polling stations to conclude voting by 4:00 PM, preventing long queues near the 5:00 PM deadline.
However, lawmakers rejected the proposal, warning that failing to increase the actual number of polling stations alongside an increased voter cap risks disenfranchising voters and leaving the 2027 polls vulnerable to malpractice. Wajir East MP Aden Mohammed argued that the limit would strain the process.
We want to make elections easier, not harder, for people. A limit of 1,000 people per polling station could mean it takes more than 12 hours to vote.
Aden Mohammed, Wajir East MP
Mr. Mohammed added that lawmakers intend to propose amendments to retain the limit at 700 voters per station.
Party Primaries and Nomination Disputes
Parliament is also moving to strip the IEBC of its role in handling disputes arising from political party nominations, aiming to restrict the commission to registering candidates nominated by parties. Members of Parliament argued that IEBC involvement in conducting or adjudicating party primaries infringes on the independence of political parties.
We have to delete the role of the IEBC in the settlement of electoral disputes, including disputes relating to or arising from nominations, Mr. George Murugara
Under Article 88 (4) (e) of the Constitution, the commission is tasked with settling electoral disputes related to nominations, excluding post-election petitions. Lawmakers suggest that the Elections Disputes Tribunal should handle these primary disputes instead. Ugenya MP David Ochieng’ echoed these sentiments regarding party independence.
I believe the IEBC has no business in party nominations. Parties are clubs. If they decide they want to give me a direct ticket, so be it. Why should the IEBC get involved?
David Ochieng’, Ugenya MP
Additionally, lawmakers rejected proposed changes regarding the nomination of Members of County Assemblies (MCAs). Nominated MP Irene Mayaka pointed out that the contested provision violated constitutional guarantees regarding freedom of movement and residence within Kenya. Currently, 770 nomination slots exist for MCAs alongside 1,450 directly elected positions, and anyone can be nominated across any of the 47 County Assemblies.
Budgetary Scrutiny and Ballot Paper Costs
Beyond structural changes, lawmakers scrutinized the high costs associated with running elections. Mr. Ochieng’ questioned the continuous allocation of billions of shillings every election cycle, suggesting the IEBC should acquire and maintain its own permanent technology system rather than purchasing new setups as technology evolves.
Molo MP Kuria Kimani raised concerns over the cost of procurement, comparing the expense of ballot papers to currency production. Pointing out that banknotes with enhanced security features cost just Sh6.84 to print in Germany, Mr. Kimani argued that the Sh2,000 cost per ballot paper is excessively high and requires strict committee oversight.
While these proposals faced rejection or heavy pushback, Parliament has yet to consider other IEBC initiatives. These pending proposals include granting the commission prosecutorial powers over electoral offenses and altering regulations to allow voter registration for Kenyans living in the diaspora outside currently designated areas. Meanwhile, the commission is also pushing for party nomination lists to alternate between male and female candidates, starting specifically with a female candidate.
