IEBC Launches 2022 Pre-Election Disputes Report, Case Digest as Kenya Prepares for 2027 Polls.

IEBC Launches 2022 Pre-Election Disputes Report, Case Digest as Kenya Prepares for 2027 Polls.

Deputy Chief Justice Philomena Mwilu speaks during the launch of the IEBC’s pre-election dispute resolution report and case digest in Nairobi.

By Jeff Oyugi 

Nairobi - July 9, 2026

Kenya’s electoral institutions must use the lessons of past elections to strengthen public trust, resolve disputes early and deliver a more credible 2027 General Election, Deputy Chief Justice Philomena Mwilu and Independent Electoral and Boundaries Commission (IEBC) chairperson Erastus Ethekon said on Thursday as the commission launched two publications reviewing the handling of pre-election disputes in 2022.

Speaking at the launch of the Pre-Election Dispute Resolution Report for the 2022 General Election and a Case Digest on IEBC decisions, Mwilu said the documents were more than a record of rulings and institutional experience. She described them as part of the continuing evolution of Kenya’s democracy and a reminder that the legitimacy of elections depends as much on the integrity of the process as on the final tally.

“Democracy is not sustained by simply casting ballots,” Mwilu said. “It is sustained by the confidence of citizens that every stage of the electoral process is governed by law and administered fairly, and subject to impartial review where disputes arise.”

Her remarks placed electoral justice at the centre of preparations for the 2027 vote, with just over a year to the next General Election. The Deputy Chief Justice challenged the newly reconstituted IEBC to ensure that the next poll is an improvement on previous cycles, saying Kenya’s electoral system must steadily get better with time.

She reflected on the country’s recent electoral history, saying each election had left lessons for the next. While acknowledging the turbulence of the 2017 election cycle and the changes witnessed in 2022, Mwilu said the test for the current commission would be whether it can rise above the shortcomings of the past and deliver a process that commands public confidence.

“It is a difficult office,” she said of serving as an electoral commissioner. “But somebody has to do this. You must do it in such a way that we will acknowledge that you are here for 2027, for Kenya.”

At the heart of Mwilu’s address was a strong defence of the principle that elections are not merely about numbers but about the integrity of the entire process. Recalling the Supreme Court’s reasoning in the 2017 presidential election petition, she said the court had rejected the idea that the validity of an election can be reduced to the arithmetic of votes alone.

Mwilu quoted from the 2017 judgment, in which the court held that elections are a constitutional process through which the people express their sovereignty and that this process must embody transparency, credibility, verifiability, accountability, accuracy and efficiency. She said those principles remain the enduring benchmark for all future elections.

“Whether it be about numbers, whether it be about laws, whether it be about processes, an election must at the end of the day be a true reflection of the will of the people,” she said, adding that any Supreme Court confronted with an election dispute would be guided by the same constitutional standards.

She argued that electoral legitimacy begins long before polling day, through decisions made in nominations, party primaries, voter registration, candidate clearance and dispute resolution. By the time the first voter arrives at a polling station, she said, the integrity of the election has already been shaped by countless earlier choices.

For that reason, Mwilu said the IEBC’s Dispute Resolution Committee (DRC) occupies a critical place in Kenya’s democratic architecture. Established under Article 88(4)(e) of the Constitution and operationalised through Section 74 of the Elections Act, the committee is mandated to hear and determine disputes arising from nominations and other pre-election processes.

She described the DRC as the first line of defence against disputes escalating into post-election litigation or political instability, saying accessible and timely dispute resolution is essential to preventing electoral crises before they mature.

“The credibility of an election is determined not only by how votes are cast and counted, but by the conduct of the electoral process and the resolution of disputes before voting begins,” Mwilu said.

She welcomed the apparent rise in pre-election complaints handled through institutional channels, arguing that this signalled growing confidence by political actors in lawful dispute settlement mechanisms. Courts, she noted, have consistently insisted that parties first exhaust the IEBC process before seeking judicial intervention, a doctrine meant to preserve institutional roles and reduce unnecessary litigation.

“This principle of subsidiarity not only promotes efficiency, but also respects institutional expertise and preserves judicial resources for matters requiring real judicial intervention,” she said.

Mwilu also used the occasion to call for stronger support for administrative dispute resolution mechanisms, saying Kenya’s electoral justice system has gradually shifted from a reactive model focused mainly on post-election petitions to a more integrated model that seeks to prevent crises before they erupt.

That view was echoed by IEBC chairperson Erastus Ethekon, who said the two publications launched by the commission should serve as practical guides in preparing for the 2027 election rather than simply becoming shelf documents.

Ethekon said dispute resolution lies at the heart of every credible electoral system because free and fair elections are judged not only by the casting and counting of votes, but also by the confidence that electoral grievances will be addressed fairly, impartially and within the law.

“Effective dispute resolution safeguards constitutionalism, reinforces public trust and ensures that the sovereign will of the people is protected,” he said.

He said the Constitution places on the IEBC the duty to resolve electoral disputes, particularly those arising from nominations, party primaries and candidate eligibility, while excluding post-election petitions that fall within the courts’ jurisdiction. That constitutional responsibility, he said, requires the commission to maintain accessible, efficient and credible mechanisms for handling complaints.

According to Ethekon, the commission handled 323 pre-election disputes during the 2022 General Election through its dispute resolution structures, all within the strict statutory timelines. He said the high rate at which courts upheld the commission’s decisions was evidence that the IEBC had discharged its mandate professionally, impartially and within the law.

Still, he hinted at the need for reform, particularly around the narrow timelines provided under Section 74 of the Elections Act, which requires disputes to be determined within 10 days. Ethekon suggested that the timeline may need to be reviewed to give the commission greater room to hear increasingly complex matters without undermining electoral calendars.

Deputy Chief Justice Philomena Mwilu with IEBC chairperson Erastus Edung at the launch of the commission’s pre-election dispute resolution report in Nairobi.

The case digest unveiled by the commission, he said, consolidates key rulings into an accessible reference tool organised around major thematic areas, while the dispute resolution report documents challenges encountered, lessons learned and reforms needed to sustain electoral justice.

He thanked former commissioners, external counsel, the IEBC secretariat, the Judiciary, the Office of the Registrar of Political Parties, the Law Society of Kenya and other partners for their contribution to the work, saying broad institutional collaboration would be vital as the country heads towards the next election.

Both speakers stressed that no single institution can safeguard electoral democracy on its own. Mwilu said the IEBC, political parties, Parliament, security agencies, civil society, the media and the Judiciary all play distinct but interconnected constitutional roles in protecting the people’s sovereign choice.

As the 2027 General Election draws closer, the message from the launch was clear, Kenya’s electoral credibility will depend not only on the conduct of voting day, but on whether institutions can resolve disputes early, fairly and transparently enough to reassure the public that the outcome reflects the people’s will.