EACC proposes legal reforms to curb election irregularities ahead of 2027

The Ethics and Anti-Corruption Commission (EACC) has proposed constitutional amendments to prevent election irregularities, with the 2027 general elections just 18 months away. EACC Executive Officer Abdi Mohamud presented these proposals to the National Assembly’s Constitutional Implementation Oversight Committee on March 5, 2026. The reforms aim to bar those convicted of corruption or abuse of office from running unless their convictions are overturned on appeal.

The Ethics and Anti-Corruption Commission (EACC) has issued a series of constitutional amendment proposals aimed at curbing election irregularities ahead of the 2027 general elections. These proposals were presented by EACC Executive Officer Abdi Mohamud during his appearance before the National Assembly’s Constitutional Implementation Oversight Committee on March 5, 2026, to discuss the enforcement of Chapter Six integrity provisions.

The EACC highlighted that, unknown to many, Articles 99(3) and 193(3) of the Constitution currently permit individuals convicted of abusing public office to remain eligible for elections while their appeals or reviews are pending in court. Mohamud stated clearly that these provisions present a major obstacle to enforcing ethical, moral, and integrity standards for election candidates.

To close this loophole, the EACC has proposed amending Articles 99(3) and 193(3) so that anyone convicted of corruption, abuse of office, or constitutional violations is disqualified from elections unless the conviction or ruling is successfully overturned on appeal. Mohamud argued that the current situation undermines integrity enforcement, and that the burden should shift to the convicted individual to overturn the decision via appeal, rather than allowing them to continue seeking elective office while cases remain unresolved. He warned that politicians often exploit this loophole by filing appeals that drag on in courts for years, effectively bypassing the Constitution’s leadership and integrity requirements while still obtaining clearance to run in competitive national elections.

In addition to constitutional changes, the Commission urged lawmakers to amend Section 13(2) of the Leadership and Integrity Act to clearly define its mandate in vetting candidates seeking elective office across Kenya ahead of future elections. Officials noted that the law currently remains silent on how the Independent Electoral and Boundaries Commission (IEBC) should collaborate with the EACC when processing self-declaration forms submitted by aspiring candidates during official clearance and registration processes nationwide.

The Commission further proposed introducing strict statutory timelines for integrity verification and establishing a formal framework to allow institutions holding candidate data to share information swiftly with electoral officials before party nominations and ballot clearance begin. Mohamud told MPs that this issue has been raised previously in national reform discussions, including the Building Bridges Initiative (BBI), the National Dialogue Committee (NADCO), and various parliamentary forums, but none have resulted in binding constitutional changes so far.

He urged agencies responsible for safeguarding Kenya’s elections to enhance coordination early, stating that reforms now would help restore public trust and ensure the 2027 General Election is conducted under stricter integrity rules for all candidates.

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