The Independent Electoral and Boundaries Commission (IEBC) has proposed a major legal reform that would require public officers seeking elective positions in the 2027 General Election to present a certificate of service as proof of resignation from public service.
The proposal is contained in the IEBC Pre-Election Disputes Resolution (Pre-EDR) Report for the 2022 General Election, which the commission launched as part of its review of lessons learned from the last polls.
According to the commission, the recommendation seeks to seal loopholes that have allowed some aspiring candidates to rely on fake resignation letters during the nomination process.
The Problem with Fake Resignation Letters
During the launch of the report, IEBC officials made it clear that the current system of relying solely on resignation letters is no longer tenable. The commission wants public officers to submit a certificate of service issued under Section 51 of the Employment Act instead.
"We're also recommending a certificate of service for public officers who are resigning because there's a need to require proof of resignation under Section 51 of the Employment Act.
This closes the loophole for fake resignation letters," an IEBC official said during the presentation.
The concern is not without basis. Section 43(5) of the Elections Act requires public officers intending to contest elective seats to resign from office at least six months before a General Election.
However, verifying whether candidates have actually complied with this requirement has proven challenging, with some aspirants presenting questionable documents to beat the deadline.
Lessons from the 2022 General Election
The IEBC said the recommendation follows several disputes that arose during the 2022 General Election, in which questions were raised about whether some candidates had resigned from public office within the timelines required by law.
The report notes that election dispute committees have treated late resignations or failure to disclose resignation from public office as sufficient grounds to invalidate a candidature.
The report cites previous nomination disputes that exposed gaps in verifying whether public officers had resigned within the timelines required by law. In one case, a Member of County Assembly (MCA) aspirant was disqualified after failing to resign from a public institution's board within the prescribed period.
In another case, a complaint alleging that a candidate had not resigned from the National Police Service was dismissed for lack of evidence.
This highlights the difficulty that returning officers and dispute resolution committees face when trying to establish whether a candidate has genuinely left public service.
The report also references a gubernatorial election dispute in which an official letter confirming a candidate's resignation before the legal deadline helped defeat claims that they had remained a public officer.
This particular case demonstrates that proper documentation can make all the difference when a candidate's eligibility is called into question.
How the Certificate of Service Would Work
According to the commission, requiring a certificate of service would provide official evidence that an individual's employment has ended, making it easier for returning officers to verify compliance with election laws during candidate nominations.
The certificate of service, issued under Section 51 of the Employment Act, is an official document that confirms the termination of employment. Unlike a resignation letter which can be easily forged, the certificate of service comes from the employer and carries official weight.
This would give returning officers a reliable way to confirm that a candidate actually resigned and that the resignation happened within the required timeline. It would also close the door on candidates who try to use fake documents to get around the law.
Other Legal Reforms Proposed by IEBC
In addition to the certificate-of-service requirement, the commission proposed several legal reforms to strengthen the nomination and dispute-resolution processes ahead of future elections.
Extended Timelines for Dispute Resolution
Among the recommendations are extending the period for determining nomination disputes from 10 to 14 working days. The commission also wants to increase the timeline for filing nomination disputes from 24 hours to 72 hours after the last day of candidate registration.
This extension would give aggrieved parties adequate time to prepare and submit complaints while ensuring disputes are handled before the election calendar progresses.
The current 24-hour window has been criticised as too short for candidates to gather evidence and seek legal advice, especially in cases involving complex nomination issues.
Harmonisation of the Term "Nomination"
IEBC also wants the term "nomination" harmonised across election laws, noting that it is currently used interchangeably to refer to both the political party nomination process and the commission's candidate registration process, creating confusion.
The commission says differing interpretations of the two terms have contributed to confusion and litigation during the nomination process.
Enhanced Candidate Sensitisation
In addition, the commission recommended enhanced candidate sensitisation by requiring aspirants to attend pre-nomination meetings organised by returning officers.
According to IEBC, this would help candidates better understand nomination requirements and reduce avoidable disputes during the registration process.
The commission wants aspiring candidates to be briefed during pre-nomination meetings on the importance of adhering to timelines when submitting nomination papers to avoid delays and ensure compliance with gazetted schedules for candidate registration.
The Road to 2027
According to IEBC, the proposals are part of the commission's recommendations for legal reforms and would require legislative amendments to take effect ahead of the 2027 General Election. The next General Election has been scheduled for Tuesday, August 10, 2027.
The IEBC has also set other critical deadlines. Public officers seeking elective seats will be required to resign by February 9, 2027. The official campaign period will run from May 29 to August 7, 2027.
The commission has already launched the Election Operation Plan for the 2027 General Election, which guides the country towards the highly anticipated polls.
The IEBC Pre-Election Disputes Resolution Report for the 2022 General Election and the Case Digest for the 2022 General Election were launched on Thursday, July 9, 2026.
The theme of the launch was "Path to the Polls: Electoral Integrity Through Justice and Dispute Resolution". The two publications document and analyse how electoral disputes arising before and during Kenya's 2022 General Election were handled.
Impact on Aspiring Candidates
For public officers eyeing elective seats in 2027, this proposed reform means they will need to ensure they have proper documentation when they resign. A simple resignation letter may no longer be enough.
They will need to obtain a certificate of service from their employer to prove that they have genuinely left public service.
The proposed reforms are intended to strengthen the integrity of the nomination process, reduce avoidable disputes, and improve the efficiency of pre-election dispute resolution as preparations for the 2027 General Election gather pace. While the requirements may seem stringent, they are designed to ensure that only eligible candidates make it onto the ballot paper.
The lesson from the 2022 elections is clear: candidates who fail to comply with resignation requirements risk having their candidature invalidated.
With the IEBC now pushing for even stricter verification measures, public officers intending to contest in 2027 would be well advised to take the resignation requirements seriously and ensure they have the proper documentation to prove their compliance.
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