What Kenyans Could Access in IEBC Election Servers

Kenyans could find it easier to obtain election information under proposed changes to the Elections Act. The Elections (Amendment) Bill, 2024, seeks to introduce deadlines for the Independent Electoral and Boundaries Commission (IEBC) to respond to certain requests.

The Bill is sponsored by Senate Majority Leader Aaron Cheruiyot and Senate Minority Leader Stewart Madzayo. Its proposals include access to election technology information and free electronic copies of records requested for vote scrutiny.

Clause 30 proposes inserting a new Section 82A into the Elections Act. The proposed section outlines how the electoral commission should handle requests for information during the scrutiny of votes.

Presidential Election Requests Would Have Three-Day Deadline

Under the proposed changes, the IEBC would be required to facilitate access to relevant information within specified periods. Requests connected to presidential election scrutiny would have a three-day deadline from the date of application.

For other elective positions, the proposed deadline would be seven days. These positions include parliamentary and county-level seats, although the provision specifically concerns requests made for vote scrutiny.

The Bill also proposes access to information about technologies used during elections. Such access would remain subject to existing laws, including the Access to Information Act and the Data Protection Act.

The proposal does not give every Kenyan unrestricted access to election servers or confidential systems. Requests would still need to comply with the applicable legal requirements governing access to information.

Electronic Election Records Would Be Free

The proposed Section 82A also addresses the cost of obtaining election information from the commission. It states that the IEBC should not charge fees when providing requested information in electronic format.

If enacted in its proposed form, the provision would allow applicants to receive eligible electronic records without paying copying charges. This could reduce costs for people seeking information for legally recognised election scrutiny processes.

However, the proposed exemption would not automatically cover printed documents. The commission could charge for hard copies, provided the fees did not exceed the actual costs of copying and supplying them.

The proposed rules therefore distinguish between electronic records and physical documents. Applicants seeking printed materials could still face charges based on the expenses involved in producing and delivering them.

Bill Also Addresses Election Technology

Beyond information requests, the Bill proposes changes concerning access to election technology during scrutiny. Clause 23 seeks to provide for technology to be available for examination by candidates, courts and other people authorised under the law.

The proposal could help clarify who may inspect election technology when a lawful scrutiny process requires it. However, it would not give members of the public unrestricted permission to operate or enter IEBC servers.

The Bill also proposes that intellectual property rights in election technology procured by the commission should belong to the IEBC. Another proposed measure seeks to require election servers to be hosted within Kenya.

These provisions address different aspects of election technology, including ownership, server location and access for scrutiny. Their practical effects would depend on the final wording approved through Parliament’s legislative process.

Proposed Changes Still Require Parliamentary Approval

The Elections (Amendment) Bill, 2024, forms part of wider efforts to reform Kenya’s electoral framework. The proposals are linked to recommendations from the National Dialogue Committee, which examined various issues concerning governance and elections.

The provisions remain proposals until the required legislative process is completed. Parliamentary amendments could change the wording or substance of individual clauses before any final enactment.

For Kenyans, the proposed changes could establish clearer timelines for accessing information during vote scrutiny. They could also eliminate fees for electronic records provided under the proposed section, while preserving restrictions required by existing laws.

The Bill does not create an unrestricted public right to access IEBC servers whenever someone wishes. Instead, it seeks to clarify access procedures, response deadlines and charges for information requested through legally recognised processes.