It is my pleasure to welcome you to this press briefing as we conclude one of our planning meetings in preparation for the General Elections scheduled for 9th August 2022.
The Commission is on course in planning and putting in place measures and mechanisms to ensure free, fair, credible, verifiable, accountable and transparent General Election. Towards this end, multiple processes/activities are being rolled out.
- Enhanced Continuous Voter Registration
One of the key mandates of the Commission is to register all eligible Kenyans as voters. Consequently, the Commission commenced the start of the 2022 General Election electoral cycle with the launch Continuous Voter Registration (CVR) back in October 2018, where 180,938 new voters were registered.
Later, the Commission rolled out an Enhanced Continuous Voter Registration (ECVR) exercise between 4th October 2021 to 5th November 2021, where a total 1,519,294 eligible Kenyans were registered as voters. Unfortunately, the exercise concluded with the Commission having missed its projected target of 6 million new voters.
The Commission will from 17th January to 6th February 2022, conduct the second and final phase of the Enhanced Continuous Voter Registration (ECVR) in preparation for the General Election.
The ECVR Phase II offers another opportunity for those eligible Kenyans, who missed ECVR Phase I to register as voters, transfer polling station or change their particulars. We therefore appeal to Kenyans eligible to register as voters especially the youth, who have attained the age of 18 years to take advantage of this opportunity. It is your constitutional right to register and vote in your preferred leaders come 9th August 2022.
- Diaspora Voter Registration
The Commission is determined to progressively actualize the right of Kenyans in Prisons and those living outside the country to participate in General Elections. Regulation 34(2) of the Elections (Registration of Voters) Regulations 2012 provides that:
“A decision by the Commission to register Kenyan citizens residing outside Kenya or to conduct elections outside Kenya shall be based on the presence of Kenyan embassy, High Commission or Consulate.”
ECVR II will also augment the right to register as a voter for Kenyans living outside the country (diaspora) and prisoners. In addition to Kenyans in Burundi, Tanzania, Rwanda, Uganda and South Africa, which participated in 2017 General Election, the Commission will extend diaspora voter registration exercise to seven more countries; namely, the United Kingdom, Canada, the United States, South Sudan, Qatar, the United Arab Emirates and Germany.
The voter registration for citizens residing outside Kenya will start on 21st and end on 6th February 2022. Voter registration will be conducted during the official working hours at the Kenyan Embassies and Consulates in respective countries. The Commission will use Biometric Voter Registration (BVR) kits to capture voters’ details such as finger prints, photo, name, passport number, Identity Card number, polling center and country of residence.
In countries with multiple registration centers (USA, Canada, UAE and Tanzania), there will be an additional BVR kit for registration of voters in those centers. The Commission will avail a BVR kit in Huduma Center in GPO, Nairobi, to enable voter registration services to eligible diaspora citizens who will have traveled to Kenya during this registration period.
Kenyan citizens residing outside Kenya who apply for registration as a voter must fulfil the following conditions: produce evidence of citizenship which is a valid Kenyan passport, be of eighteen years of age and above, and present their identification document to the Registration Officer stationed at a designated registration center. However, Kenyans residing within the East African Community can use their Identity Card as proof of their citizenship.
During this ECVR II, a voter previously registered in Kenya but wishing to vote in Diaspora country by visiting their preferred registration center in the Diaspora to change their voting station. Similarly, those who had previously registered in a Diaspora but wish to vote in Kenya should visit their preferred constituency IEBC office in Kenya and change their voting station.
It is important to note that a registered voter in diaspora country will only be voting for the Presidential elective position.
- Audit of the Register of Voters
Section 8A of the Election Act, 2011 requires the Commission to, at least six (6) months before the date of a General Election, engage a professional reputable firm to conduct an audit of the Register of Voters for the purpose of: verifying the accuracy of the register; recommending mechanisms of enhancing the accuracy of the register; and updating the register. This exercise will be conducted after closure of the ECVR Phase II. The engaged firm shall give a report within a period of thirty (30) days and the Commission shall thereafter implement the audit report recommendations within thirty (30) days.
- Inspection and Verification of Register of Voters
Registration of voters and maintaining an accurate Register of Voters is the foundation of free, fair, transparent and credible elections. This is the basis upon which the political right to vote and stand for any elective office is realised.
As provided for under Section 6 of the Elections Act, 2011, the voters will be afforded an opportunity to inspect and verify their registration details in the Register of Voters at least sixty (60) days before the 2022 General Election. This exercise, scheduled to take place in March 2022, will promote transparency and accountability in the electoral process.
- Clearance of Political Parties
The Commission has a constitutional mandate to regulate the process by which political parties nominate candidates for elections. The Elections Act, 2011 requires political parties to nominate candidates as per the party constitution and nomination rules. The Commission has a statutory duty to approve the said nomination rules in order to clear political parties to participate in General Elections.
Political Parties were required to submit their nomination rules on or before 18th October 2021. A total of 82 registered parties submitted their rules, which the Commission reviewed and determined that none of them had fully complied with the requirements of the law. Thus, Political Parties were informed to revise their rules and resubmit them. Eighty-two fully registered parties resubmitted, and 72 were found to be compliant and 10 non-compliant. In the spirit of the Constitution, the Commission afforded the 10 non-compliant political parties a last opportunity to revise their rules within seven (7) days. The 10 resubmitted their revised nomination rules, and the Commission reviewed the same and found them compliant. During the review process, Alliance for Real Change Party could not be reached, and was therefore found non responsive.
In the premises, the Commission has approved the nomination rules of 82 political parties to participate in the 2022 General Election (Refer to attachment for the list).
- Gazettement of the General Election
The Commission will on 19th January 2022 publish in Kenya Gazette a notice of the General Election of the Office of President, Members of Parliament, and Members of County Assembly. This notice marks the commencement of the election period.
Following publication of the election period, two legal instruments will come into force: Election Offences Act 2016 and Electoral Code of Conduct. The Electoral Code of Conduct will cover the Party Primaries and any breach of the code will be adjudicated by the IEBC Electoral Code of Conduct Enforcement Committee, which is created under the Election Act.
- Public Officers Seeking Political Positions
As per the provisions of the Elections Act, 2011, public officers who are keen to contest in the 2022 General Election should vacate office by 9th February 2022. However, There are two situations relevant to this activity. In 2017, the Employment and Labour Relations Court (ELRC) at Kericho declared section 43 (5) of the Elections Act requiring public officers to quit office six months to the General Election to be unconstitutional, discriminative, null and void.
Subsequently, the Court of Appeal in Nyeri stayed the judgement of ELRC pending hearing and determination of the appeal. The appeal is yet to be determined, so the orders of stay made by the Court of Appeal in Nyeri remain in force rendering Section 43 (5) of the Elections Act enforceable.
However, on 21st December 2021, the ELRC at Nairobi granted interim orders restraining IEBC from barring any public officer from vying for any elective seat in the General Election scheduled for the 9th August 2022 unless they resign from office on or before 9th February 2022 or as otherwise directed by the court. The court also granted orders of stay of the operation of the said section pending interpartes hearing on 24th January 2022. The Commission has brought to the attention of the court, the subsisting orders of stay of the Court of Appeal pending determination of the appeal against the judgement of ELRC case in Kericho. IEBC will await the directions that ELRC at Nairobi will give on 24th January 2022.
Conclusion
We must always remember our collective responsibility to ensure a peaceful, free and fair election in August 2022.
The Commission is alive to the significant role played by stakeholders in the electoral process and assures you that it shall continue to engage all relevant stakeholders within the confines of the law and in particular Article 88 of the Constitution of Kenya 2010. I therefore appeal to our major stakeholders and all Kenyans, to extend their support to the Commission.
Make no mistake, this Commission, will deliver a free, fair, credible, verifiable, transparent, secure, accountable, impartial, efficient elections on 9th August 2022. We give you our word as Commissioners of IEBC.
God Bless You and God Bless Kenya.
W.W. CHEBUKATI
CHAIRMAN
Approved List of Political Parties Nomination Rules for the 2022 General Election
| S. No | Name of the Political Party | Compliance Status |
| Kenya National Congress | Compliant | |
| Democratic Action Party -Kenya | Compliant | |
| Usawa kwa Wote Party | Compliant | |
| Peoples’ Trust Party | Compliant | |
| United Progressive Alliance | Compliant | |
| United Democratic Movements | Compliant | |
| Ubuntu Peoples Forum | Compliant | |
| Empowerment and Liberation Party | Compliant | |
| Democratic Party of Kenya | Compliant | |
| Maendeleo Chap Chap | Compliant | |
| Diligence Development Alliance | Compliant | |
| United Green Movement | Compliant | |
| Chama cha Uzalendo | Compliant | |
| United Democratic Alliance | Compliant | |
| Democratic Congress Party | Compliant | |
| National Democratic Movement | Compliant | |
| Grand Dream Development Party | Compliant | |
| Party of Democratic Unity | Compliant | |
| United Democratic Party | Compliant | |
| The Service Party | Compliant | |
| Muungano Party | Compliant | |
| KANU | Compliant | |
| Ukweli Party | Compliant | |
| Progressive Party of Kenya | Compliant | |
| Tujibebe Wakenya Party | Compliant | |
| The National Vision Party | Compliant | |
| Liberal Democratic Party | Compliant | |
| National Reconstruction Alliance | Compliant | |
| Umoja Summit Party | Compliant | |
| Federal Party of Kenya | Compliant | |
| Kenya Union Party | Compliant | |
| Frontier Alliance Party | Compliant | |
| Green Congress of Kenya | Compliant | |
| National Liberal Party | Compliant | |
| Party for Peace and Democracy | Compliant | |
| Mwangaza Tu Party | Compliant | |
| Narc Kenya | Compliant | |
| Jubilee Party | Compliant | |
| Orange Democratic Movement (ODM) | Compliant | |
| Amani National Congress | Compliant | |
| Movement for Democracy & Growth | Compliant | |
| Peoples Party of Kenya | Compliant | |
| Narc | Compliant | |
| Labour Party of Kenya | Compliant | |
| Justice and Freedom Party of Kenya | Compliant | |
| Roots Party of Kenya | Compliant | |
| Republican Liberty Party | Compliant | |
| Maendeleo Democratic Party | Compliant | |
| Forum for Restoration of Democracy (FORD-K) | Compliant | |
| Economic Freedom Party | Compliant | |
| Devolution Party of Kenya | Compliant | |
| National Agenda Party of Kenya | Compliant | |
| Unified Change Party | Compliant | |
| National Ordinary People Empowerment Union | Compliant | |
| Pamoja African Alliance (PAA) | Compliant | |
| Entrust Pioneer Party | Compliant | |
| Millenium Party of Kenya | Compliant | |
| Green Thinking Action Party (GTAP) | Compliant | |
| Jirani Mzalendo Asili Party | Compliant | |
| Thirdway Alliance Kenya | Compliant | |
| Alternative leadership Party of Kenya | Compliant | |
| Restore & Build Kenya | Compliant | |
| Communist Party of Kenya | Compliant | |
| Peoples’ Democratic Party | Compliant | |
| Safina Party | Compliant | |
| Chama cha Mashinani | Compliant | |
| KADU Asili | Compliant | |
| Kenya Social Congress | Compliant | |
| Wiper Democratic Movement | Compliant | |
| Chama cha Kazi | Compliant | |
| National Party of Kenya | Compliant | |
| Mabadiliko Party of Kenya | Compliant | |
| The New Democrats | Compliant | |
| Agano Party | Compliant | |
| Forum for Republican Democracy (FORD-Asili) | Compliant | |
| Party of Independent Candidates Kenya | Compliant | |
| Mazingira Greens Party of Kenya | Compliant | |
| Kenya Patriots Party | Compliant | |
| Party of National Unity | Compliant | |
| Peoples Empowerment Party | Compliant | |
| Shirikisho Party of Kenya | Compliant | |
| Farmers Party | Compliant |