The IEBC could gain unprecedented control over the technology used to run Kenya’s elections, with a proposed law seeking to place election servers in the country and give the commission ownership of the systems and technology supplied by private firms.
The Elections (Amendment) Bill, 2024, has moved past the debate stage in the National Assembly and proposes far-reaching changes to the management of election technology, including access to servers, ownership of intellectual property and the right to examine election systems.
Under the proposed law, companies supplying election technology, including the Kenya Integrated Elections Management System (KIEMS), would be required to give the IEBC ownership of the intellectual property rights attached to the technology.
Clause 23 of the Bill proposes an amendment to Section 44(4) of the Elections Act to give the commission ownership of the intellectual property rights and access to election servers.
"In procuring the election technology, the commission shall ensure that intellectual property rights to the technology vest in the commission," the proposed provision states.
The proposed changes would also require election servers to be hosted in Kenya, rather than outside the country as is currently the case.
The move is intended to address concerns surrounding national security, compliance with Kenyan law, control of election systems and public confidence in the handling of election results.
The Bill further provides that election technology should be available for examination by candidates, courts and other authorised persons.
"The commission shall ensure that the technology is accessible and available for scrutiny by candidates, courts and such other persons as required under the law," the Bill states.
The proposed law also introduces conditions for firms seeking election technology contracts. The IEBC would have to establish that a prospective supplier, or any company or person associated with it, has not been found guilty of breaking procurement laws, committed a crime, breached professional standards or been prohibited from taking part in public procurement in any jurisdiction.
The proposals are contained in legislation sponsored by Senate Majority Leader Aaron Cheruiyot of Kericho and Minority Leader Stewart Madzayo.
They are drawn from recommendations of the National Dialogue Committee (Nadco), whose report was adopted by the Senate on February 21, 2024, before the National Assembly approved it a day later.
The push to give the IEBC greater ownership and access to election systems follows previous disputes involving technology providers who denied the commission access to servers despite court orders.
The proposed legislation also seeks to make it easier for authorised parties to obtain election-related information from the commission.
A new Section 82A would require the IEBC to provide information, including details of technology used during elections, without charging a fee where the information is requested in soft-copy form.
"A proposed new Section 82A states that "the commission shall ensure access to information including any technology used in elections and shall not charge fees where the information requested is provided in soft copy.""
The provision would operate within the requirements of the Constitution, the Access to Information Act, the Elections Act, the Data Protection Act and the IEBC Act.
The Bill proposes strict timelines where information is sought as part of the scrutiny of election results.
"Where an access request is made pursuant to scrutiny of votes, the commission shall facilitate access in the case of a presidential election, within three days of the date of the request and in the case of any other elective position, within seven days of the date of the request," the Bill proposes.
For information requested in hard-copy form, the IEBC would be allowed to impose a prescribed fee.
The legislation has received a push from the National Assembly leadership, with Speaker Moses Wetang'ula directing the Justice and Legal Affairs Committee (JLAC) to speed up its consideration.
In his communication to Parliament on September 29, 2026, Wetang'ula directed the committee, chaired by Tharaka MP Gitonga Murugara, to fast-track the proposals and advise the House on any changes that may be required.
"The committee is expected to review the proposals and recommend to the House any appropriate amendments for inclusion in the electoral amendment Bill that forms part of the priority business for this part of the session," Speaker Wetang'ula said.
The reforms are designed to strengthen the IEBC's independence in handling election technology while addressing disputes over who owns, controls and can access systems used to manage election results.
The proposals are not yet law and will only become effective if the Bill is passed by Parliament and signed into law in its current form