Busia Senator Challenges IEBC in Court Over Relaxed Ballot Paper Security Features for 2027 Polls
Busia Senator Okiya Omtatah Okoiti has filed a petition at the High Court in Nairobi seeking to overturn revised security specifications for ballot papers to be used in the 2027 General Election. The National Reconstruction Alliance Party leader argues that the Independent Electoral and Boundaries Commission has not shown that the altered features offer protection equal to or stronger than the original requirements.
The dispute centres on Tender No. IEBC/OIT/02/2026-2027, advertised on 11 August 2026 for the supply of ballot papers and other electoral materials. Through Addendum No. 3 dated 17 September 2026, the commission introduced what it termed technical relaxations aimed at optimising cost and timelines.
Under the revised specifications, multi-coloured serial numbers have been replaced with single-colour black numbers. Variable guilloche patterns have given way to static designs, while variable micro-text has been changed to static micro-text. Metallic foil stamping has been substituted with blind embossing that does not include metallic foil. Watermarks, ultraviolet security elements and anti-duplication QR codes remain mandatory.
Omtatah maintains that the cumulative effect of these adjustments has not been proven to safeguard the integrity of the ballot papers at the previous level. He stressed that the challenge does not accuse the commission of deliberately weakening the system or of intending to enable electoral malpractice. Instead, the petition seeks preventive accountability before the changes become irreversible.
The senator contends that the revisions raise constitutional questions under Articles 38, 81 and 86, which protect political rights and require elections to be free, fair, secure, accurate, transparent and verifiable. He argues that efforts to cut procurement costs must not undermine these constitutional obligations, noting that a ballot paper is not an ordinary commodity and that public confidence in electoral materials must be protected.
In the petition, Nairobi High Court Petition No. E670 of 2026, Omtatah asks the court to review and quash the disputed changes to the extent that they are unlawful. He further seeks orders preserving the original security specifications and directing an independent, objective technical assessment to determine whether the revised measures provide equivalent or superior protection.
The case is before Justice David Mburu and has been certified urgent. Respondents were given seven days to file responses, with the deadline falling on 13 October 2026. At the time of Omtatah’s briefing, no responses had been received. The matter is scheduled for mention on 14 October 2026 for directions, including consideration of the request for conservatory orders.
Omtatah has called on the commission to supply credible technical evidence demonstrating that the modified specifications adequately protect the integrity of the ballot papers ahead of the 2027 polls.