Kenya’s Constitution at 16: IEBC still faces trust and credibility test ahead of 2027 elections

Sixteen years after Kenya adopted its Constitution in 2010, the Independent Electoral and Boundaries Commission (IEBC) still faces scrutiny over its trust and credibility as the nation prepares for the 2027 General Election. The Constitution introduced stronger safeguards for elections, mandating they be fair, free, impartial and conducted by an independent body.

However, public confidence in the IEBC remains unresolved. A Supreme Court judgment from the 2022 presidential election highlighted this issue, stating that Kenya has a long-standing history of distrust in election administration and that the IEBC has not yet secured universal public confidence. As the commission prepares for the 2027 polls, it has been working on electoral reforms and engaging Parliament.

However, a recent dispute over election technology has once again put the commission's credibility under political scrutiny. The Constitution mandates the IEBC to conduct free and fair elections, but the experience since 2010 shows that creating an independent institution does not guarantee public trust. The 2017 presidential election was annulled due to irregularities, exposing the consequences when the institution fails to meet constitutional requirements.

While the 2022 election was upheld by the Supreme Court after meeting constitutional standards, the IEBC still has not achieved universal public confidence. The latest dispute involves the IEBC's tender for an Integrated Elections Management System (IEMS) for the 2027 election, with former Deputy President Rigathi Gachagua questioning the transparency of the process.

The controversy highlights the sensitivity of procurement decisions involving election technology, as the IEBC must demonstrate that its decisions align with the Constitution's benchmarks for free and fair elections.