Omtatah Takes IEBC to Court Over Changes to 2027 Ballot Paper Security

Busia Senator and National Reconstruction Alliance (NRA) party leader Okiya Omtatah has challenged the Independent Electoral and Boundaries Commission’s (IEBC) decision to relax several ballot paper security specifications ahead of Kenya’s 2027 General Election.

In a statement dated September 11, 2026, Omtatah said the changes introduced by the electoral commission could affect the integrity and verifiability of ballot papers.

“Our concern is not that these changes automatically make ballot papers insecure, but that their cumulative effect has not been demonstrated to preserve equivalent or superior protection,” said the statement.

According to Omtatah, the revised specifications should be supported by evidence demonstrating that they provide equivalent or stronger protection than the original requirements.

IEBC Tender

The challenge concerns IEBC Tender No. IEBC/OIT/02/2026–2027, which was advertised on August 11, 2026, for the supply of ballot papers and other electoral materials.

According to the statement, the commission subsequently introduced Addendum No. 3, dated September 17, 2026, describing the revisions as a technical relaxation to optimize cost and timelines.

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These changes include accepting single-colour black serial numbers instead of multi-coloured serialisation, using static rather than variable guilloche patterns and micro-text, and allowing blind embossing without the previously required metallic foil stamping.

However, Omtatah noted that other security features, including watermarks, ultraviolet elements and anti-duplication QR codes, remain mandatory under the revised specifications.

Ballot Papers

On the same note, Omtatah said his concern was not that the changes automatically made ballot papers insecure, but that their combined effect had not been demonstrated to preserve protection.

“A ballot paper is not an ordinary commodity. It is the instrument through which citizens exercise their sovereign political will,” the statement read.

Omtatah argued that the issue raises constitutional questions concerning Articles 38, 81 and 86 of the Constitution, which address political rights and the requirements for free, fair, secure, accurate, transparent and verifiable elections.

Furthermore, he also cited Article 227, which requires public procurement to be cost-effective, fair, equitable, transparent and competitive.

According to the statement, efforts to reduce costs should not undermine other constitutional obligations.

Omtatah has asked the High Court to review the disputed relaxations to the extent that they are unlawful, and preserve the original ballot paper security specifications.

Case in the High Court

He also wants the court to require an independent technical assessment before the revised specifications are implemented without evidence of equivalent or superior protection.

Further, he urged IEBC to provide credible technical evidence demonstrating that the revised requirements adequately safeguard ballot paper integrity.

“Protect the ballot before it is printed, protect the vote before it is cast, and protect the people’s sovereign will,” the statement said.

Currently, the matter is before Justice David Mburu at the Nairobi High Court under Petition No. E670 of 2026.

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This petition was certified urgent, and the respondents were served as directed by the court.

The statement indicated that the IEBC had seven days to respond, with the deadline falling on October 13, 2026.

On the other hand, the case was scheduled for mention on October 14, 2026, for further directions, including consideration of prayers for conservatory orders.

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