Nairobi: The Judiciary and the Independent Electoral and Boundaries Commission (IEBC) have reaffirmed their joint commitment to securing democratic legitimacy, warning that flawed political processes, rather than mere voting numbers, compromise the sovereign will of the people.
According to Kenya News Agency, 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 stated that democratic resilience hinges on robust institutional checks before polling day. Justice Mwilu emphasized that democracy is sustained not merely by casting ballots but by citizens’ confidence in a lawful, fair, and impartial electoral process.
Recalling the landmark findings from the 2017 presidential election petition, the DCJ clarified that a credible election must be viewed holistically, ensuring it reflects the will of the people through principles of transparency, credibility, verifiability, accountability, accuracy, and efficiency.
Addressing the newly appointed electoral commissioners, Mwilu challenged the electoral body to uphold historical standards ahead of the next cycle, expressing hope for a flawless 2027 election process without necessitating presidential election petitions.
IEBC Chairperson Erastus Ethekon highlighted the importance of early administrative structures in maintaining national stability amidst political disputes. He reported that the Commission resolved 323 pre-election disputes during the 2022 general election within strict timelines, achieving a 93 percent petition success rate, thereby affirming the Commission’s professionalism and impartiality.
Further, Ethekon introduced the newly unveiled Case Digest, which provides a comprehensive guide for political actors, legal scholars, and electoral managers to prevent avoidable litigation.
Despite celebrating past successes, Ethekon addressed concerns over deteriorating security and breaches of the electoral code of conduct in the ongoing Ol Kalou by-elections. He condemned incidents of campaign violence, voter bribery, and defacement of campaign materials, citing a fatal confrontation that occurred on July 1st.
Ethekon warned of firm enforcement of the code of conduct and indicated that investigative teams have been deployed. He also stated that if violations persist, the Commission may exercise its constitutional power to postpone or cancel the Ol Kalou elections.
The national launch was attended by Law Society of Kenya (LSK) representative Charles Kanjama, alongside high-level civil society partners and administrative judicial stakeholders, who collectively called for continuous public civic education to demystify institutional dispute mandates before the 2027 polls.
