IEBC, Judiciary push for stronger safeguards ahead of elections

LILIAN GICHOHI AND CATHERINE ODOYO-KNA

The Judiciary and the Independent Electoral and Boundaries Commission (IEBC) have reaffirmed their joint commitment to safeguarding democratic legitimacy, warning that flawed political processes—not merely voting numbers—can undermine the sovereign will of the people.

Speaking during the official launch of the 2022 Pre-Election Dispute Resolution Committee (DRC) Report and Case Digest in Nairobi, Deputy Chief Justice (DCJ) Philomena Mwilu said democratic resilience depends on strong institutional checks and balances long before polling day. “Democracy is not sustained by simply casting ballots,” Justice Mwilu observed.

“It is sustained by the confidence of citizens that every stage of the electoral process is governed by law, administered fairly, and subject to impartial review whenever disputes arise,”she said.

Recalling the landmark findings of the 2017 presidential election petition, the DCJ emphasised that the credibility of an election must be assessed holistically.

“An election must at the end of the day be a true reflection of the will of the people as decreed by the constitution through its hallowed principles of transparency, credibility, verifiability, accountability, accuracy and efficiency,” she maintained.

Addressing the newly appointed electoral commissioners, Mwilu directly challenged the electoral body to match historical standards ahead of the next cycle. 

“My prayer to you is: may you do it so right in 2027 that there will be no presidential election petition,” she urged.

On his part, IEBC Chairperson Erastus Ethekon highlighted that early administrative structures significantly insulated national stability from political disputes.

He revealed that the Commission successfully resolved 323 pre-election disputes during the 2022 general election within strict statutory timelines, establishing a definitive track record.

“The fact that the success rate and the confirmation by the courts that the decisions, by upholding those decisions, are a testament that the Commission has discharged its mandate soundly, professionally, impartially, fairly, and within the four corners of the law,” Ethekon reported, noting that the agency’s petition success rate stands at 93 per cent.

Further, the Chairperson observed that the newly unveiled Case Digest compresses technical insights into three main thematic blocks, providing an accessible blueprint to guide political actors, legal scholars, and electoral managers to prevent avoidable litigation.

Despite celebrating past judicial successes, the IEBC chief used the national platform to issue a stern directive concerning deteriorating security and blatant breaches of the electoral code of conduct in the ongoing Ol Kalou by-elections.

Ethekon strongly condemned systemic incidents of late-night campaign violence, massive voter bribery, defacing of campaign materials.