Opposition gives IEBC two weeks to release by-election records amid fears of constitutional breaches
The opposition is pushing for all minutes of plenary sessions and committee meetings from the swearing-in date to the present, as well as staff meeting records dating back to January 2022.
Opposition leaders have demanded that the Independent Electoral and Boundaries Commission (IEBC) release detailed records and documents of all plenary and committee meetings, staff sittings and contracts with service providers, citing concerns that the electoral body may have breached constitutional provisions.
In a letter addressed to the Commission, the United Opposition said the demands are essential to ensure IEBC is fulfilling its mandate, noting that disclosing the information will help bolster electoral justice ahead of the 24 by-elections scheduled for November 27, 2025.
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The opposition is pushing for all minutes of plenary sessions and committee meetings from the swearing-in date to the present, as well as staff meeting records dating back to January 2022. It also wants details of meetings relating to the upcoming by-elections, including the criteria used to select staff overseeing each poll.
The letter further demands full disclosure of contracts with service providers for the by-elections, particularly those offering technology equipment. A specific request has been made for records relating to Smartmatic and any other entities engaged in technology consultancy, services, equipment, infrastructure or related goods and services.
“This includes procurement processes, due diligence, evaluations, audits, minutes of relevant meetings, technical reports and assessments of their competency and suitability both locally and internationally,” reads the letter in part.
Smartmatic is the company that supplied, delivered, installed, tested, commissioned, supported and maintained the Kenya Integrated Elections Management System (KIEMS) kits for the 2022 General Election. KIEMS is a legally mandated tool that must be deployed in all electoral processes.
The opposition also wants the Commission to declare its position on Smartmatic’s past performance, especially regarding compliance with constitutional and legal requirements. This includes whether there was any withholding of information during the 2022 elections when the Supreme Court and former Prime Minister Raila Odinga were denied access to servers at the National Tallying Centre.
Additionally, the opposition is demanding details on the terms and conditions governing the printing of election materials such as ballot papers and result forms.
“This should encompass all tender and contract records for entities handling election materials, procurement processes, due diligence, any contract variations or extensions and the authority and procedures governing such changes,” adds the letter.
Other requests outlined include access to voter registers, identification processes, procurement plans and performance records from 2022 to date. The Commission has also been asked to release the number of gazetted polling centres and polling stations for the by-elections, together with their geolocation data.
The opposition further seeks clarity on the criteria and parameters used by IEBC when auditing the voter register. It wants confirmation of the measures undertaken to safeguard the register’s original integrity after audits, as well as the maximum number of times it can be audited without compromising its authenticity.
The United Opposition, led by Democracy for the Citizens Party boss Rigathi Gachagua, Wiper Party leader Kalonzo Musyoka, People’s Liberation Party leader Martha Karua and DAP-K head Eugene Wamalwa, has now given the IEBC 14 days to provide the requested information.
Other notable figures include former Interior Cabinet Secretary Fred Matiang’i and ex-Public Service CS Justin Muturi.
The demands come after the Commission revealed that some by-elections could be affected by budgetary constraints. Appearing before the National Assembly Public Accounts Committee on Wednesday, IEBC Chairperson Erastus Etheko said eight by-elections are in limbo due to a lack of funds, adding that the Commission requires Sh1 billion to prepare for all contests.
IEBC Chief Executive Officer Marjan Hussein Marjan said that while 16 by-elections are funded, the Treasury has only disbursed Sh788 million.
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