The Independent Electoral and Boundaries Commission (IEBC) has called on lawmakers to urgently enact legislation to regulate early political campaigns, warning that existing legal gaps are undermining electoral fairness.
Speaking during an interview on Citizen TV on Tuesday, IEBC Commissioner Alutalala Mukwana said the absence of a clear legal framework has left the commission unable to rein in candidates who begin campaigning long before the official election period.
He cautioned that premature campaigns give certain aspirants an undue advantage, distorting the level playing field required for free and fair elections.
“Early campaigns are unlawful. They deny Kenyans the freedom to make their choices in an impartial manner and tilt the electoral landscape unfairly in favour of those who start earlier,”Mukhwana said.
No Legal Framework
Mukhwana noted that while the High Court of Kenya has already pronounced itself against early campaigning, the lack of implementing legislation has rendered the ruling ineffective.
He pointed to a 2025 decision by a three-judge bench which declared early campaigns illegal and directed the Office of the Attorney General to develop a legal framework to address the issue.
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However, that directive has yet to be fully implemented.
“As IEBC, we are currently hamstrung. There is no law. We can only guide, plead and beseech,” Mukhwana said.
He highlighted the disparity created by existing requirements that compel public officers to resign six months before elections, while other candidates may begin campaigning years in advance.
Push for Legislative Action
The commissioner revealed that progress is underway, with the IEBC already involved in consultations after being asked to co-opt legal expertise into the legislative process.
He expressed optimism that once enacted, the new law will empower the commission to enforce compliance and curb premature political activities.
Rising Political Tensions
On the broader electoral environment, Mukhwana raised concern over escalating political tensions, warning that inflammatory rhetoric could jeopardise peaceful elections.
While declining to address specific incidents, he urged politicians to exercise restraint and promote national cohesion.
“We need a peaceful environment. Political interactions must be devoid of animosity, and national cohesion must be held,” he said.
He referenced discussions at a youth summit organised by the International Republican Institute, stressing that responsibility for credible elections extends beyond the electoral body.
Call for Conducive Electoral Period
Mukhwana emphasised that IEBC alone cannot guarantee a stable electoral process without cooperation from political actors and the public.
“If you have a football match where fans are fighting and players are on a rampage, where will the referee run to? That’s the situation we face,” he said.
He also urged Kenyans to give the current IEBC leadership an opportunity to restore confidence in the institution and deliver credible elections.
