NAIROBI, Kenya Aug 6 – Independent Electoral and Boundaries Commission (IEBC) Chairperson Erastus Ethekon has raised alarm over the lack of a clear legal framework to regulate early political campaigns in the country describing the current environment as a legal grey zone that undermines fair electoral practice.
Ethekon acknowledged the commission’s limited ability to rein in early campaigns, noting that although official campaign periods are set by the IEBC after gazettement of an election date, politicians have increasingly blurred the lines by launching subtle campaigns years ahead of time.
“With that as it may, you know in Kenya, almost every day, every hour, feels like it’s an election campaign. What IEBC can do is basically I don’t know because even the definition of what an early campaign is, is another murky affair,” Ethekon stated.
He cited examples of politicians leveraging social and religious gatherings to promote their ambitions under the radar, making it difficult for the commission to intervene.
“Because somebody can go to Sunday school and talk to the young kids and then say a few things about themselves. Is that early campaign? Somebody can attend a funeral of a relative, and there are these people, group of, what’s they called? They’re called aspirants. The moment members of parliament are elected, they go to parliament, others are busy campaigning or talking to people as aspirants,” he noted.
The IEBC chair further revealed that the issue has been formally recognized by the Judiciary with the High Court directing the Attorney General to prepare a draft law on early campaigning. The IEBC now awaits a meeting with the Office of the Attorney General and the Department of Justice to deliberate on the matter.
“We have not yet seen the draft bill, but we’ll be meeting with the Attorney General’s Office to discuss this matter of early campaigning,” Ethekon said.
“We need clarity on what amounts to early campaigning, what are the parameter if there is such a phenomenon, then define the parameters within which it can operate.”
Ethekon emphasized that the lack of a clear legal standard continues to erode public trust in the electoral process, especially when potential candidates maintain prolonged visibility ahead of official timelines.
“In my view, it is an area of concern, but since the courts have pronounced themselves and we’ve been called upon to enact a legal framework to govern that, then it’s a matter that we should keep in mind as we go forward,” he said.
The IEBC chair also addressed the legislative gap on the recall process for elected officials. He cited the inadequacy of the current legal framework for recalling Members of Parliament saying that while the process for recalling Members of County Assemblies (MCAs) may be better structured, the commission is working on developing more specific guidelines.
“As of now, as a commission, we felt that the legal framework was not sufficient, especially for the recall of Members of Parliament,” Ethekon said.
“But for the MCAs, I think the commission will develop guidelines on how you can exercise that right in terms of collection of signatures, the timelines, the costs, and stuff like that.”
He declined to comment further on a pending petition related to the recall issue, saying the commission awaits the court’s decision on a petition filed on the matter before taking a formal position.
