Kenyan lawmakers are proposing changes to the country's election law that would limit the role of the Independent Electoral and Boundaries Commission (IEBC) in party primaries. The proposed amendments, part of the Election Law (Amendment) Bill 2024, aim to give political parties more autonomy in managing their internal affairs, including the selection of candidates. The bill was discussed in parliament on October 9, 2026.
The proposed changes would remove the IEBC's mandate to handle disputes related to candidate selection within political parties. Instead, the bill proposes that the Judiciary's Election Disputes Tribunal handle such disputes. Lawmakers argue that the IEBC's involvement in party primaries undermines the autonomy of political parties. They contend that parties should have the freedom to manage their internal affairs without interference from the IEBC.
According to the Constitution of Kenya, the IEBC is responsible for managing and conducting elections. However, lawmakers argue that this does not extend to party primaries. They claim that the IEBC's role in party primaries creates a conflict of interest, as the commission is also responsible for handling disputes related to the primaries.
The chairman of the Justice and Legal Affairs Committee, George Murugara, stated that the committee intends to remove the IEBC's mandate to handle disputes related to candidate selection. He emphasized that the Judiciary's Election Disputes Tribunal is better equipped to handle such disputes. The proposed changes have sparked debate among lawmakers and stakeholders.
Some lawmakers, such as Ugenya MP David Ochieng, have expressed concerns about the IEBC's involvement in party primaries. Ochieng argued that parties should have the freedom to manage their internal affairs without interference from the IEBC. He likened parties to clubs, saying that if a party decides to give a candidate a direct ticket, that is a matter for the party to decide.
However, not all lawmakers agree with the proposed changes. Florence Jematiah, the Woman Representative for Baringo, suggested that the IEBC could provide assistance to parties that lack the capacity to manage their own primaries. However, she also cautioned that problems could arise if the IEBC is also responsible for handling disputes related to the primaries.
The proposed changes come ahead of the 2027 general elections. According to the Election Roadmap 2025-2027, all parties intending to participate in the elections must complete their primaries and resolve any disputes by May 9, 2027. The roadmap also provides that candidates who are dissatisfied with the outcome of their party's primaries have until June 12, 2027, to file complaints with the IEBC.
Key points
- The proposed amendments aim to give political parties more autonomy in managing their internal affairs.
- The IEBC's role in party primaries has been a subject of debate among lawmakers and stakeholders.
- The proposed changes are part of the Election Law (Amendment) Bill 2024, which aims to reform the country's election law.
