Human rights activist Davies Okombo has warned that weaknesses in the technology and funding of Kenya’s electoral commission could put the 2027 presidential results under fresh legal scrutiny, particularly if problems emerge in the transmission and tallying of votes.
Okombo says the Independent Electoral and Boundaries Commission (IEBC) must ensure that the systems used to identify voters and transmit results are fully operational before polling day, arguing that a failure in the results-management system could become a major source of post-election disputes.
“We are setting the ground for petitioning of the 2027 elections if the system is not working.”
His warning comes as the IEBC prepares for the August 2027 General Election while navigating both a funding gap and delays in procuring new election-management technology.
The concern is particularly significant because the High Court has now clarified the legal framework governing national tallying and verification of presidential results ahead of the 2027 election.
Okombo: transmission could become legal flashpoint
Okombo argues that the integrity of an election does not end when voters cast their ballots. The results must also move through the electoral system in a manner that allows them to be verified and reconciled.
“The question of transmission of the votes was an issue that was legal.”
He points to Kenya’s recent presidential election history, including the 2017 Supreme Court decision that annulled the presidential election after finding that the election had not been conducted in accordance with the Constitution and applicable law.
Okombo says that precedent demonstrates the importance of strict compliance with electoral procedures.
“If IEBC is not committed to follow the process, the laws, and the constitutional protections, then the Supreme Court has already set a precedent.”
He argues that the IEBC therefore needs to resolve its technology and financing challenges well before election day rather than discovering problems during the tally.
“If IEBC is inadequately prepared, don’t have enough funds to ensure that a technology that is contemplated in the Constitution is not available, then we are actually setting the IEBC for failure.”
Court sets rules for 2027 tallying
Okombo’s warning comes days after the High Court issued an important ruling on how presidential results will be handled at the national level.
On September 22, Justice Gregory Mutai upheld the IEBC‘s constitutional and statutory mandate to tally and verify presidential results nationally, rejecting a petition that sought to remove the national verification process.
But the court placed clear limits on what the Commission can do.
The IEBC cannot use national verification to alter, cancel or revise presidential figures already declared and certified by constituency returning officers. The court said certified constituency results remain final unless challenged before an election court.
The ruling also directly addressed the type of discrepancy that could make results transmission contentious.
Where electronically transmitted results differ from physically delivered records, the IEBC must document the discrepancy, explain how it was resolved and make the record public before declaring the final presidential result.
The court further directed that certified constituency result forms should serve as the primary reference documents when presidential results are aggregated nationally. Candidates’ agents and observers should have access to the same underlying data available to the Commission during national tallying and verification.
That framework makes the reliability and auditability of results transmission a significant operational issue for the 2027 election.
IEBC technology procurement faces setback
The IEBC is meanwhile working to acquire an Integrated Elections Management System (IEMS) ahead of the election.
But the procurement process suffered a setback earlier this month after the Public Procurement Administrative Review Board ordered the Commission to review, correct and amend parts of its IEMS tender.
The Board found that some technical requirements and evaluation criteria were not sufficiently clear, certain or objective. The tender covers the supply, installation, testing, commissioning, support and maintenance of the IEMS, together with related hardware and equipment.
The decision did not cancel the Commission’s election preparations. Instead, the IEBC was directed to amend and re-advertise the affected tender before proceeding with the procurement.
The distinction between IEMS and KIEMS is important. IEMS refers to the broader Integrated Elections Management System being procured for the 2027 election, while KIEMS refers to the technology platform used in previous electoral processes for functions including voter identification and results transmission.
Funding adds another challenge
The technology question is unfolding alongside a broader financing challenge.
In its budget estimates, the IEBC put its total requirement for the 2027 General Election at about Ksh63.95 billion, against an allocation of approximately Ksh41.01 billion, leaving a stated funding gap of about Ksh22.94 billion.
The shortfall covers more than election technology, extending to other areas of election preparation.
For Okombo, however, inadequate funding becomes particularly consequential if it prevents the Commission from having the technology and systems required to manage the vote effectively.
“Without the new KIEMS kits, the registration of new voters is going to be undermined,” he said.
But his broader concern extends beyond registration.
He says technology will be central to voter identification and results transmission, making the availability and reliability of the equipment important to the credibility of the results-management process.
What happens if electronic and physical results differ?
The latest High Court ruling provides an important answer. Electronic transmission does not override the certified constituency result. Instead, where a discrepancy occurs, the IEBC must account for it and publicly explain how it was resolved before declaring the final presidential result.
That means a technology failure would not, by itself, automatically invalidate an election. The legal consequences would depend on the circumstances, the nature and extent of any irregularity and the applicable constitutional and electoral law.
For Okombo, that is precisely why preparation matters.
“The IEBC has a clear constitutional mandate to deliver a free and fair election.”
The Commission must therefore ensure that its electoral systems are procured, tested and operational well before the country goes to the polls.
The 2027 election is scheduled for August 10, 2027. As preparations accelerate, Okombo’s warning puts the spotlight on a question that may become increasingly important before and after election day:
Will the IEBC’s systems be sufficiently reliable to transmit, reconcile and verify the results in a way that leaves a clear and auditable trail from the polling station to the national tally?
For now, that remains a preparation question, not evidence that the 2027 election will be disputed.
But with the courts having now set out rules for handling discrepancies, the technology supporting that process is likely to face closer scrutiny as the election approaches.
