Data Sovereignty and Kenya’s Electoral Process: A Call for Transparency in 2027
As Kenya prepares for the 2027 general elections, the Independent Electoral and Boundaries Commission (IEBC) faces a critical question: Should it embrace the principle of data sovereignty and adopt a Sovereign Cloud to enhance transparency and accountability in processing electoral data? This question is not merely technical - it strikes at the heart of Kenya’s constitutional commitment to free, fair, and verifiable elections.
The Legacy of "Fungua Server"
The phrase "fungua server" (Swahili for "open the server") emerged during the 2017 presidential election dispute between Raila Odinga and Uhuru Kenyatta, adjudicated by Kenya’s Supreme Court. Supporters of Odinga took to the streets, brandishing banners and painting their bodies with the term, demanding access to the IEBC’s electoral servers. This was more than a rallying cry - it was a call for accountability, echoing the constitutional principles of elections under Article 81(e).
The Supreme Court, led by then-Chief Justice David Maraga, responded. In a historic ruling, the first nullification of a presidential election in Africa, the Court found that the IEBC had failed to conduct the election in accordance with the Constitution and the Elections Act. Maraga’s words, "The greatness of a nation lies in its fidelity to its constitution and strict adherence to the rule of law," underscored the judiciary’s role in upholding electoral integrity.
Yet, the lessons of 2017 remain unheeded. The 2022 elections saw renewed cries of "fungua server", with petitioners questioning the limited electoral data disclosed by the IEBC. Despite attempts at transparency, trust in the electoral process remains fragile.
The Path to 2027: A Sovereign Electoral Process
With the IEBC now budgeting KSh 61 billion for the 2027 elections and a selection panel racing to appoint commissioners by April 2025, the stakes are high. This convergence of funding and leadership presents an opportunity to redefine how electoral data is managed. I propose that the IEBC adopt the principle of data sovereignty, the idea that electoral data, as an expression of the sovereign will of Kenyans, must be controlled, stored, and processed within Kenya’s borders.
Data sovereignty ensures that the IEBC, not foreign entities, has full authority over electoral servers. Coupled with data localization, storing data on Kenyan soil, this approach aligns with the constitutional mandate for transparency and verifiability. Access to these servers should be granted to the Supreme Court, political party representatives, and independent observers, ensuring that the will of the people is not only facilitated by the IEBC but is demonstrably authentic.
Why Data Sovereignty Matters
Kenya’s electoral history reveals a persistent trust deficit with the IEBC. Allegations of unauthorized access to servers and result manipulation, though dismissed by the Supreme Court in 2022, continue to fuel skepticism. Hosting servers abroad, as has been the practice, obscures accountability and invites suspicion. By contrast, localizing electoral data under a sovereign framework offers tangible benefits:
- Enhanced Trust: Full control of electoral data by the IEBC, within Kenya’s jurisdiction, fosters confidence in the system.
- Judicial Oversight: Localized servers enable the Supreme Court to verify results swiftly and decisively in disputes.
- National Pride: Facilitating the sovereign will of Kenyans on Kenyan soil reinforces the integrity of the process.
Critics may argue that local control risks political interference or sabotage. However, past elections demonstrate that foreign-hosted servers have not prevented such concerns - opacity has only deepened distrust. Kenya already possesses the technical capacity to host secure electoral servers. The focus must shift to procuring transparent, tamper-proof technology.
Sovereign Cloud: A Practical Solution
To operationalize data sovereignty, the IEBC should adopt a Sovereign Cloud, a secure, localized computing environment tailored to national laws and policies. Providers like Amazon’s AWS GovCloud offer customized solutions with robust encryption, restricted access, and organizational control. Such a system could grant verifiable access to electoral data for political parties, observers, and the judiciary, silencing the "fungua server" refrain with a transparent, accountable process.
Safeguards and Challenges
Implementing this vision requires safeguards. Procurement of cloud services must prioritize security and independence, free from political influence. Legislation or IEBC policy could mandate data localization, while access protocols ensure that only authorized stakeholders view the data without altering it. Resistance from political actors is inevitable, but the greater risk lies in repeating past failures - opaque systems that undermine democracy.
A Call to Action
The 2027 elections offer a chance to restore faith in Kenya’s electoral process. By embracing data sovereignty and a Sovereign Cloud, the IEBC can deliver an election that truly reflects the will of the people - one that is free, fair, and verifiable. Aspiring leaders and commissioners must answer: Will they procure a system that prioritizes transparency over secrecy? The Kenyan people, and their Constitution, demand nothing less.
Adapted from: Meshack Kwaka