Members of Parliament in Kenya have passed a bill that allows independent candidates in the 2027 general elections to use similar symbols as their counterparts in other counties. The Elections (Amendments) Bill, 2024, which was passed by the National Assembly, removes the current restriction that barred independent candidates from using identical symbols to any other person in the country. Instead, independent candidates are now only limited to using different symbols within their respective counties.
The initial law had been criticized for being too restrictive, with many independent candidates struggling to find unique symbols. Wajir East MP Mohammed Aden argued that there was no reason why an independent candidate in one county should not be able to use a similar symbol to another independent candidate in a different county. He noted that the number of available symbols had dwindled, and some symbols were not allowed due to being deemed offensive.
Minority leader Junet Mohamed pointed out that independent candidates had suffered in the past due to the difficulty in obtaining unique symbols. He cited the example of the cock symbol, which was a popular choice among candidates. The new amendment, he said, would provide relief to independent candidates who had struggled to find alternative symbols. The change was welcomed by some MPs, who argued that it would reduce confusion among voters, particularly in rural areas.
However, not all MPs were in agreement with the amendment. Suba South MP Caroli Omondi suggested that the Justice and Legal Affairs Committee should have further provided that the differentiation of symbols for independent candidates should have been within an electoral area. Suba North MP Millie Odhiambo also proposed that the committee should have indicated colors as well, so that independent candidates could have distinct colors.
The Independent Electoral and Boundaries Commission (IEBC) had supported an amendment to Section 32 of the Bill on the approval of symbols for independent candidates. The commission proposed that it should have the power to reject symbols deemed offensive or obscene. The IEBC also suggested that it should be able to reject symbols that were similar to those of a political party or another independent candidate within the same county.
The Bill will now be submitted back to the Senate for consideration, in accordance with the provisions of Article 110 (4) of the Constitution. If the Senate agrees with the changes made by the National Assembly, the Bill will be presented to President William Ruto for assent. The new law is expected to have a significant impact on the 2027 general elections, particularly for independent candidates who had struggled to find unique symbols.
The passage of the Bill has been seen as a major relief for independent candidates, who make up a significant proportion of those vying for office. The new law is expected to level the playing field for independent candidates, who often face challenges in accessing resources and symbols. The implementation of the new law will be closely watched, particularly in rural areas where voters may be more susceptible to confusion caused by similar symbols.
Key points
- MPs have removed restrictions on independent candidates using similar symbols in different counties.
- The new law is expected to reduce confusion among voters and provide relief to independent candidates.
- The Bill will now be submitted to the Senate for consideration before being presented to President William Ruto for assent.
