The purpose of this study is to demonstrate that the real problem facing the Democratic Republic of Congo in the organisation of elections since the beginning of this third phase of the electoral process is the independence of institutions responsible for the electoral process. It notes that the evolution of the legal framework of the CENI and the courts in charge of litigation have not made it possible to guarantee its members freedom of action vis-à-vis the majority in power. In the last elections (2018), almost all CENI members were considered close to the electoral platform of the outgoing Head of State, Joseph Kabila. The latter also retained a major influence on the appointment process of judges of the Constitutional Court. It also found that it was very difficult two months before the elections to reach a consensus on changes that would restore confidence in these institutions. It should be noted that in 2016, four months of negotiations and two dialogues failed to resolve this issue. The opening of discussions on the replacement of all members of the board of the CENI and the Constitutional Court was synonymous with a new postponement of these elections. By 2016, it had already been difficult for political actors to agree on a consensus facilitator and the modalities of discussions. Hence the difficulty for the Congolese DR State to restore peace by organizing free, credible, democratic and transparent elections.