Mounting Scrutiny Ahead of Polls

NAIROBI—Kenya's electoral commission, known as Ethekon, is facing a severe crisis of confidence amid mounting allegations of partisanship, flawed procurement processes, and a failure to address critical electoral integrity concerns. With the general election fast approaching, a broad coalition of opposition parties, civil society organizations, and religious leaders has intensified its criticism, warning that the commission's actions risk plunging the country into a constitutional and political crisis reminiscent of the violent post-election periods of 2007-2008.

At a press conference held in Nairobi on Monday, November 24, 2025, the National Democratic Alliance (NDA), a leading opposition coalition, accused Ethekon's leadership of being beholden to the ruling Jubilee Transformation Coalition. "We have witnessed a systematic effort by the commission to frustrate transparency and accountability," stated NDA spokesperson Dr. Isaac Amani. "From the single-sourcing of sensitive election materials to the refusal to conduct a credible audit of the voter register, Ethekon is behaving not as an independent arbiter but as a biased player."

Key Allegations and Ethekon's Defense

The criticism centres on several key issues that have historically plagued Kenya's electoral bodies. Civil society groups, under the umbrella of the Kenya Electoral Integrity Forum (KEIF), have highlighted three primary areas of concern in their latest report published last week:

• Opaque Procurement: KEIF alleges that the KSh 15 billion tender for the printing of ballot papers was awarded to a foreign firm with a controversial history, without adequate public participation or parliamentary oversight. This, they argue, contravenes Kenya's procurement laws and opens the door to potential malpractice. Similar procurement scandals have been a recurring issue for the electoral body.
• Voter Register Integrity: Despite assurances from Ethekon, an independent analysis by KEIF suggests the provisional voter register contains over 1.5 million duplicate or invalid records. The opposition claims these anomalies are concentrated in the strongholds of the ruling party, a charge Ethekon vehemently denies.
• Lax Enforcement of Electoral Code: The commission has been accused of failing to penalize high-profile politicians engaging in hate speech and voter bribery during the heated campaign period. Critics point to recent violent clashes in several by-elections as evidence of the commission's inability to enforce its own rules, a factor that could fuel wider conflict.

In response, Ethekon Chairperson Erastus E. Ethekon, HSC, convened a press briefing on Tuesday, November 25, 2025, at the commission's headquarters. He dismissed the allegations as "unfounded political rhetoric designed to erode public confidence in our institution." Ethekon stated, "The procurement of all election materials was conducted in strict adherence to the law. The voter register is clean, and we are working with the relevant security agencies to deal decisively with any breaches of the electoral code." He assured the nation and international partners of the commission's preparedness to deliver a free, fair, and credible election. The commission has previously acknowledged facing operational, administrative, and legal challenges but maintains it is capable of overcoming them.

Historical Context and Regional Implications

The current standoff is deeply rooted in Kenya's history of contentious elections, which have often been marred by accusations of rigging, ethnic violence, and institutional failure. The post-election violence of 2007, which resulted in over 1,100 deaths and the displacement of more than 600,000 people, remains a dark chapter in the nation's history. The subsequent annulment of the 2017 presidential election results by the Supreme Court further highlighted systemic weaknesses within the electoral management body.

Analysts warn that a loss of faith in Ethekon could have dire consequences not only for Kenya's stability but for the entire East Africa region. As a regional economic and logistical hub, any political instability in Kenya often has significant ripple effects on neighbouring countries like Uganda, Rwanda, and South Sudan. The international community, including the United Nations and the European Union, has called for restraint and dialogue, emphasizing the need for a transparent and inclusive electoral process. Civil society organizations continue to play a crucial watchdog role, monitoring the process and advocating for reforms to safeguard democracy.

With political temperatures rising, the onus is now on Ethekon to demonstrate its independence and competence through decisive, transparent actions. The coming weeks will be critical in determining whether Kenya can navigate this turbulent pre-election period and avoid repeating the mistakes of the past.