Kenyans Push For Swift Appointment Of Independent Electoral and Boundaries Commission

             By Lisbeth Micheni, Kenya 

A strong call for the reconstitution of the Independent Electoral and Boundaries Commission (IEBC) was made by Supreme Court Judge Isaac Lenaola, sparking widespread public support online, with social media users quickly amplifying the message on Twitter.

Despite public pressure, the IEBC reconstitution process is unlikely to begin until January 2024 due to legal challenges.

Two cases currently before the courts have delayed the Kenyan President, William Ruto from appointing the nine-member selection panel.

The first legal hurdle stems from a petition filed by Boniface Njogu at the Kiambu High Court in October.

Njogu argues that the panel’s composition violates Article 10 and Article 54(2) of the Constitution by not including representatives for persons with disabilities.

Judge Dora Chepkwony issued orders halting the panel’s appointment until the matter is resolved, with a ruling expected on January 25, 2024.

The second obstacle involves a dispute over the minority party’s representative on the panel. Azimio la Umoja faces internal conflict between Ambassador Koki Muli and Augustus Kyallo Muli, both vying for the position.

Kyallo Muli has taken the matter to the Court of Appeal, contesting Azimio’s decision to nominate Koki Muli. Azimio maintains that Muli is the most qualified candidate, also noting gender balance concerns.

Justice Lenaola criticized the delay, remarking, “Why is the IEBC not being constituted? Because Azimio can’t appoint their representative to the panel. Is that something to hold a country hostage for two years?”

The panel’s composition involves multiple groups. Kenya Kwanza nominated Nicodemus Bore, while Evans Misati represents non-parliamentary parties. The Inter-Religious Council retained its nominees, Dr. Nelson Makanda and Fatuma Saman.

Other representatives include Andrew Kipkoech for the Institute of Certified Public Accountants, Carolene Kituku from the Law Society of Kenya, and two parliamentary appointees: Lynda Koome (UDA) and Prof. Adams Oloo (ODM).

The IEBC has been non-functional since March 2023, following the resignation and removal of its last commissioners, including Irene Masit.

The selection panel’s formation is essential to restarting the process of appointing new commissioners.

The nation waits for the resolution of these court battles to enable progress on the IEBC’s reconstitution and ensure electoral readiness.