New Bill proposes independent post-poll reviews of electoral processes

Electoral processes in Kenya could soon be subjected to independent reviews within a year of a general election if the Elections (Amendment) Bill, 2024 becomes law.

The Bill, spearheaded by the National Dialogue Committee (Nadco) which is co-chaired by government and opposition leaders, proposes changes to Article 88 (4)(g) of the Constitution to allow Parliament to appoint an independent firm to evaluate the electoral process.

Currently, the Independent Electoral and Boundaries Commission (IEBC) is responsible for overseeing post-election evaluations.

However, the proposed legislation seeks to transfer this role to an external firm, which would submit its findings to Parliament within 90 days of its appointment.

“The Bill proposes to provide for the appointment by Parliament of an independent firm to evaluate the electoral process after a general election,” reads the Bill’s memorandum.

Sponsored by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewarts Madzayo, the Bill introduces new sections — 87A, 87B, and 87C — into the Elections Act.

If enacted into law, this would be the first time such evaluations are conducted under the IEBC’s facilitation since the 2010 Constitution came into effect, which has so far guided three general elections.

The evaluation will focus on critical areas, including the legal framework, voting procedures, vote counting, electoral technology, and the roles of media and civil society. It will also review election costs, the voters’ register, human resource deployment, and dispute resolution mechanisms.

According to the Bill, these assessments aim to inform reforms to enhance efficiency, credibility, and value for money in Kenya’s electoral system. The IEBC would be required to compile and submit a report to Parliament and make it public.

A post-election review of the August 2022 general election by the Kofi Annan Foundation and the Centre for Multiparty Democracy had similarly urged immediate reforms to electoral laws.

Their recommendations included auditing the voter register, improving voter education to cater to diverse demographics, and enforcing campaign finance regulations to level the playing field.

“The IEBC should ensure it meets all legislative timelines and conditions ahead of the elections,” the review stated, adding that the implementation of these measures is essential for the credibility of future elections.

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