DCJ Mwilu warns IEBC against bias ahead of 2027 General Election

Deputy Chief Justice Philomena Mwilu has warned the Independent Electoral and Boundaries Commission (IEBC) against bias and lack of professionalism in the build up to the 2027 General Election.

Speaking during the official launch of the 2022 IEBC Pre-Election Dispute Resolution Committee report in Nairobi on Thursday, DCJ Mwilu cautioned against electoral injustice in next year's General Election, warning that its credibility relies on the conduct of the electoral body.

This as the commission's chairperson Erastus Edung Ethekon promised to deliver a reputable process, before, during and after the 2027 polls, calling upon political parties to adhere to the laws governing electioneering processes.

“IEBC Chair Ethekon, you must be better than 2022 and 2017 General Election. I pray that you get 2027 right so that we don't have any presidential petition, it's a 14 days tedious job without sleep,” said Mwilu.

With upto 323 election disputes filed before IEBC in the aftermath of the 2022 polls, the electoral body is being called upon to resolve election-related cases faster and fairly to uphold public confidence.

“Timely dispute resolution upholds confidence and credibility in electoral justice,” DCJ Mwilu stated.

SC Philip Murgor, Chairperson of the Senior Counsel Bar, added: “The events of 2007/08 post-election violence are still fresh in our minds, simply because the IEBC Chairperson then stated that he didn’t know who won the election. Mr Ethekon, how would you like to be remembered after the upcoming General Election?”

“We are likely to have more disputes owing to the increased number of political parties from 40 in 2022 to 98 presently,” opined Evans Misati. the Chairperson of the Political Parties Liaison Committee (PPLC).

Nerys Cross Smith, Political Counselor of the British High Commission to Kenya, noted: “I advise the IEBC to address gaps and challenges in dispute resolution processes including late resolutions in order to uphold public confidence.”

Speakers during the event stated that the success of the General Election squarely depends on the preparedness of IEBC commissioners and secretariat staff, calling for a coordinated approach.

Law Society of Kenya (LSK) President Charles Kanjama said: “Police play a major role in election management. We have established an election committee to oversee the entire legal framework of upcoming elections.”

Director of Public Prosecutions (DPP) Renson Ingonga stated: “Election Offenses Act gives ODPP powers to investigate and prosecute perpetrators who breach elections laws. I have constituted a committee to oversee upcoming election conduct.”

The Judiciary's top organ pledged to uphold justice in the likely event of election disputes emanating from the 2027 General Election.

“Courts are not a haven for political favoritism of any preferred candidate,” DCJ Mwilu added.

Ethekon said: “We must restore sanity of goon violence which are small incidents are a precursor to what 2027 will be like and we cannot allow this trajectory.”