A petitioner, Francis Awino, has moved to the High Court in Kenya seeking orders to compel the Independent Electoral and Boundaries Commission (IEBC) to publish its operational protocols ahead of the 2027 General Election. The petitioner filed a Notice of Motion under a certificate of urgency. Awino requests the court to restrain the IEBC and its officials from implementing undisclosed or materially revised operational procedures pending the hearing and determination of the suit.
The petitioner is seeking several key orders from the court. One of the orders is for the IEBC to disclose whether a national tallying center has been designated, selected, or reserved for the 2027 election. If identified, the IEBC must reveal the official name, physical location, geographical coordinates, legal basis, relevant Gazette Notice, and public access protocols of the national tallying center. The petitioner argues that this information is crucial for transparency and accountability in the electoral process.
Awino also wants the IEBC to publish the exact GPS coordinates for all polling stations and tallying centers six months before the election. This, he argues, will allow voters and stakeholders to independently verify locations and report errors early. Furthermore, the suit demands full disclosure of voter registration and identification records, specifically detailing procedures for when biometric verification fails, devices malfunction, or network connectivity drops.
The petitioner is also seeking a written policy audit trail from the IEBC. He wants the court to direct the IEBC to produce all standard operating procedures, manuals, training materials, circulars, and internal decision records regarding electoral arrangements. This will help to ensure that the electoral process is transparent and accountable.
The motion relies on constitutional provisions guaranteeing access to information, political rights, fair administrative action, and electoral integrity and transparency. Awino cites Article 35, Article 38, Article 47, and Articles 81, 86, and 88 of the Constitution. He also references Regulations 7 and 83 of the Elections (General) Regulations and an October 17, 2017, Supreme Court ruling.
Justice R.E. Aburili declined to certify the application as urgent, finding that no immediate urgency was established in the filed papers. However, the judge directed the petitioner to serve the IEBC, its chairperson, the Attorney General, and the Law Society of Kenya, giving the respondents 15 days to file their responses. The petitioner had submitted a formal written request to the IEBC on September 16, 2026, and is seeking a response to this request.
The petitioner contends that any prejudice suffered due to altered or undisclosed protocols during voting or tallying cannot be remedied through monetary damages after the election. The case will likely have significant implications for the transparency and accountability of the electoral process in Kenya. The court's decision will be closely watched by stakeholders and the general public.
Key points
- The petitioner, Francis Awino, seeks to compel the IEBC to publish its operational protocols ahead of the 2027 General Election.
- The petitioner requests the court to restrain the IEBC from implementing undisclosed or materially revised operational procedures pending the hearing and determination of the suit.
- The case relies on constitutional provisions guaranteeing access to information, political rights, fair administrative action, and electoral integrity and transparency.
