Wiper party chief Kalonzo Musyoka welcomes opposition leaders to his Tseikuru home in Kitui on May 29, 2025. Among them are DCP leader Rigathi Gachagua and his DAP-K counterpart Eugene Wamalwa. PHOTO | COURTESY 

The United Opposition has released a list of demands to the Independent Electoral and Boundaries Commission (IEBC), arguing that it believes the electoral body has breached constitutional provisions. 

In a letter to the Commission, the Opposition said that the demands are essential to ensure that IEBC is fulfilling its mandate and disclosing the information will help bolster electoral justice ahead of the 24 by-elections scheduled for November 27, 2025.

In its long list of demands, the opposition wants all minutes of the plenary sessions and committee meetings from the swearing-in date to present, and also those of staff meetings since January 2022 to be laid bare. 

It also wants records of meetings on the scheduled by-elections scheduled, including the criteria used to select staff overseeing each by-election, to be availed. 

Details of all contracts with service providers for upcoming by-elections, particularly those providing technology equipment, have also been requested. 

Likewise, the Commission has been requested to give all records relating to the firm Smartmatic and any other entities providing technology consultancy, services, equipment. infrastructure. or related goods and services to the IEBC. 

"This includes procurement processes. due diligence. evaluations. audits. minutes of relevant meetings. technical reports. and assessments of their competency and suitability both locally and internationally," read the letter in part. 

Smartmatic is the entity that supplied, delivered, installed, tested, commissioned, supported and maintained the Kenya Integrated Elections Management System (KIEMS) kits for the 2022 elections. 

KIEMS is the integrated elections management system that the IEBC is required by law to deploy in all elections. The opposition therefore, wants the Commission to declare its position on Smartmatic's performance in past elections, particularly on compliance with constitutional and legal requirements, including any withholding of information on the refusal to grant the Supreme Court and Raila Odinga access to the National Tallying Centre (NTC) servers. 

It also wants IEBC to disclose the terms and conditions on the printing of election materials, including ballot papers and result forms. "This should encompass all tender and contract records for entities handling election materials, procurement processes, due diligence, any contract variations or extensions, and the authority and procedures governing such changes," added the letter. 

Further details to be laid bare include voter registers, identification processes and the procurement plan and performance records from 2022 to date. It also wants the number of gazetted polling centers and polling stations for the by-elections, including their geolocation data. 

Additionally, it seeks detailed information regarding the criteria and parameters the Commission follows when auditing the voter's register. This, it says, should include the measures undertaken to ensure that the voter register retains its original integrity after auditing, and the maximum number of times a register can be audited without compromising its original status. 

The opposition wants the information to be availed within 14 days. Meanwhile, the IEBC has announced that eight by-elections are in limbo due to a lack of funds. Speaking when he appeared before the National Assembly Public Accounts Committee on Wednesday, IEBC Chairperson Erastus Ethekon intimated that the commission will spend Ksh.1 billion to prepare for the by-elections. 

IEBC CEO Marjan Hussein Marjan said that 16 by-elections are funded and the Treasury has only availed Ksh.788 million. The United Opposition comprises  Wiper party chief Kalonzo Musyoka, People's Liberation Party (PLP) leader Martha Karua, Democracy for the Citizens Party (DCP) boss Rigathi Gachagua and DAP-K leader Eugene Wamalwa.

Other notable persons include former Interior Cabinet Secretary (CS) Fred Matiag'i and ex-Public Service CS Justin Muturi. By Moses Kinyanjui, Citizen Digital