Who will control elections tech and servers? Bill languishes as 2027 nears

Independent Electoral and Boundaries Commission polling official holds a Kenya Integrated Elections Management System kits at Ol Kalou PCEA Church on July 13, 2027; during a sensitization programme. Breaking It Down Less than a year before the August 2027 General Election, the National Assembly risks public backlash over delays in passing legislation that would give the Independent Electoral and Boundaries Commission (IEBC) full ownership of th

08/25/26  •  3 Views

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Independent Electoral and Boundaries Commission polling official holds a Kenya Integrated Elections Management System kits at Ol Kalou PCEA Church on July 13, 2027; during a sensitization programme.

📋 Breaking It Down

Less than a year before the August 2027 General Election, the National Assembly risks public backlash over delays in passing legislation that would give the Independent Electoral and Boundaries Commission (IEBC) full ownership of the intellectual property rights to election technology and access to election servers.

The Elections (Amendment) Bill, 2024, which has already been passed by the Senate, has been pending in the National Assembly for more than a year after being committed to the Justice and Legal Affairs Committee (JLAC).

The Bill proposes that any company contracted to provide the Kenya Integrated Election Management System (KIEMS) technology should grant the IEBC ownership of the intellectual property rights associated with the system.

📌 What You Need to Know

The proposed changes are intended to strengthen the commission’s control over election technology and results, particularly after disputes in previous elections in which technology providers restricted access to election servers.

The delay has put the National Assembly under scrutiny over what critics describe as a failure to enact reforms designed to strengthen the independence and accountability of the electoral commission ahead of the 2027 elections.

An IEBC official displays a KIEMS kit during a simulation process in the past.

Clause 23 of the Bill, which was drawn from recommendations of the National Dialogue Committee (Nadco) report adopted by Parliament, seeks to amend Section 44(4) of the Elections Act by inserting a provision that would give the IEBC ownership of intellectual property rights and access to election servers.

“In procuring the technology, the commission shall ensure that, subject to this Act, the Access to Information Act, the Data Protection Act and the right to intellectual property, the technology is accessible and available for scrutiny by candidates, courts and such other persons as required under the law,” the Bill states.

The Bill is sponsored by Senate Majority Leader Aaron Cheruiyot (Kericho) and his minority counterpart, Stewart Madzayo (Kilifi), and is based on recommendations contained in the Nadco report.

📰 Source: Nation Africa

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