The IEBC is reviewing the electoral law with a view to initiating amendments that address gaps and also harmonize conflicting legislation. A number of challenges were encountered during the 2013 general election and were documented in the post election evaluation workshop that the Commission held early this year.
It was noted, among other issues, that the Election Act 2011 speaks largely to a general election environment and not a by-election. For example, Sec 41 (5) says a “public officer who intends to contest an election under this Act shall resign from public office at least seven months before the date of election”. This requirement works well for in the case of a general election whose date is known and not for a by-election that is often occasioned by unpredictable circumstances.