IEBC Enforcement of the Electoral Code of Conduct: Paradigm Shift or Hot Air?

Abstract

Elections in Kenya, be they presidential, gubernatorial, senatorial or of a member of a county assembly, are generally competitive. Elections must not only be free and fair but also allow voters to choose their representatives in conditions of equality, openness and transparency that stimulate political competition. The Independent Electoral and Boundaries Commission (IEBC) is established under Article 88 of the Constitution of Kenya with the core mandate of conducting and supervising referenda and elections to any elective body or office established by the Constitution. The IEBC is also charged with the mandate of settling electoral disputes including those relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results. This paper interrogates IEBC's enforcement of the Electoral Code of Conduct. It argues that the IEBC’s competence is only limited to development of the code and not its enforcement. As such any attempt by IEBC in enforcing the code of conduct is nothing but hot air since such authority is bestowed on it by an unconstitutional electoral code of conduct enacted in disregard of constitutional requirements.