Govt’s Key Obstacles as Pressure Mounts to Reconstitute IEBC

Even as pressure continues to pile on the government to reconstitute an electoral body less than three years before the general election, key challenges have emerged that are hindering the process.

On Saturday, Kenyans launched an odd social media campaign to persuade the government to speed up the process of constituting a new electoral agency.

Under the hashtag #appointiebcnow, hundreds of Kenyans voiced their concern about what they termed a deliberate attempt by the Kenya Kwanza Government to establish a functioning IEBC.

However, the process of reconstituting a new electoral agency has been stifled by two court cases and Kenyans may have to wait until January for the process to be set in motion.

In August, the Political Parties Disputes Tribunal (PPDT) issued an interim order stopping President William Ruto from appointing a panel to pick the IEBC’s commissioners at least until a dispute over a nominee is resolved.

This was after Augustus Kyalo Muli of the National Labour Party moved to court to sue Azimio la Umoja for attempting to delist him from the list presented by political parties. NLP maintains that was duly elected in July amid an onslaught from Ambassador Koki Muli, who was strongly backed by Kalonzo Musyoka. 

Another petition by Boniface Njogu filed at the Kiambu High Court in October also challenged the appointment of the nominees to the IEBC selection panel, claiming a lack of representation of persons living with disabilities.

This petition ultimately halted the panel-selection process as Kiambu High Court judge Dora Chepkwony gave conservatory orders barring the appointment of the panel until the matter was heard. The matter is set to be determined on January 25, 2025.

Dig deeper: With the pending court cases, the country continues to grapple with the reality of a potential electoral crisis, as there has been no functional electoral agency, for two years since the last commission left its role.

One crucial function of the IEBC that has been stifled because of a lack of a functioning agency is the delimitation of boundaries – an exercise that needed to have taken place in 2024.

Meanwhile, three constituencies in the country – Banisa, Ugunja, and Magarini – lack representation in parliament since it is impossible to conduct by-elections without a functioning commission.

This predicament has left these constituencies lagging in terms of development due to a lack of representation in the House.