The High Court has directed the Independent and Electoral Boundaries Commission (IEBC) selection panel to promptly initiate the replacement process for the vacant chairperson and commissioner positions within the electoral body.
While issuing the ruling on Wednesday, Justice Thande Mugure, acknowledged the inherently political nature of the process. However, she emphasized that a delay in commencing the replacement process poses a potential risk of pushing the country into a constitutional crisis.
An unresolved question currently centers around whether the current composition of the commission is capable of conducting a by-election.
The expeditious selection and vetting of new officials are imperative for the commission to facilitate by-elections in constituencies where leaders have vacated their positions. Notably, Banissa constituency stands to benefit from the full constitution of the commission, given the demise of its MP in 2023 due to a vehicular accident.
Another critical factor necessitating the swift appointment of commissioners is the impending deadline for the review of constituency boundaries, as mandated by the Constitution. The review, scheduled no later than March 2024, becomes challenging due to the existing disarray within the commission.
The leadership vacuum within the IEBC resulted from a combination of resignations and retirements. Former chairperson Wafula Chebukati retired, while Boya Molu and Abdi Guliye retired in January 2023. Additionally, Juliana Cherera, Justus Nyang’aya, Irene Masit, and Francis Wanderi resigned in December 2022.
Efforts to appoint new commissioners faced opposition from Azimio party leader Raila Odinga, who expressed concerns about potential partisan appointments by President Ruto.
Consequently, Raila called for the reconstitution of the selection panel. Despite President Ruto appointing a seven-member selection panel in February 2023, the move was contested by the opposition.
Subsequent to the formation of the National Dialogue Committee (NADCO), consensus was reached between the opposition and Kenya Kwanza for the reconstruction of the panel.
Led by Wiper Party leader Kalonzo Musyoka and Kikuyu Member of Parliament Kimani Ichung’wah, the committee also agreed to conduct an audit of the results of the 2022 presidential elections.
