A controversial bipartisan bill championed by President William Ruto and opposition leader Raila Odinga is set to radically reshape how Kenya announces its presidential election results stripping the Independent Electoral and Boundaries Commission (IEBC) chairperson of the exclusive authority to declare the winner.
The legislative proposal, tabled in the Senate and rooted in recommendations from the National Dialogue Committee (NADCO) report, seeks to decentralize this critical mandate to all 290 constituency returning officers.
“We want to eliminate the idea that the chairman of the IEBC is the only one who can declare the presidency,” said Nyamira Senator Okong’o Omogeni during a Citizen TV interview. “We have proposed that this responsibility be given to the 290 returning officers.”
Supporters argue that the move will promote transparency, reduce the likelihood of legal challenges, and speed up the results process. Under the proposed system, returning officers would be required to count and announce presidential results before any other race potentially delivering final outcomes by 11 a.m. on election day.
“You have six elections, but yes, you start with the presidential. When you finish as the returning officer, you make a declaration so that we have the results by 11 a.m.,” Omogeni added.
However, critics warn that the bill could destabilize Kenya’s electoral system by decentralizing power in a way that reduces accountability and increases the risk of local-level manipulation. They argue that stripping the IEBC chair of centralized authority removes a crucial safeguard.
“The chairperson’s role has long served as a final voice of legitimacy,” said a former IEBC official. “Taking that away—especially without public consensus is dangerous.”
The proposed reforms come amid ongoing scrutiny of the IEBC’s credibility following the contentious 2022 election where President Ruto narrowly defeated Raila Odinga with 50.49% of the vote, but the process was thrown into disorder when four IEBC commissioners disowned the results, citing an “opaque” tallying process. Though the Supreme Court upheld Ruto’s victory, it pointed to a “serious malaise in the governance” of the electoral body.
Further controversy surrounds the nomination of new IEBC commissioners. Wiper leader Kalonzo Musyoka has accused both Ruto and Raila of having “hidden hands” in the process, warning of political interference and the risk of turning the IEBC into a “puppet of the political elite.”
While the bill promises greater grassroots transparency, it also risks fragmenting the electoral process and diluting oversight. The public, civil society, and legal experts are now urging open debate on whether this change is a genuine step toward electoral justice or a veiled power grab that could deepen future disputes.
