Challenges Mount as Government Faces Pressure to Reconstitute IEBC
With less than three years to the next general election, the government is under increasing pressure to reconstitute the Independent Electoral and Boundaries Commission (IEBC). However, several key obstacles are stalling the process.
On Saturday, Kenyans took to social media, launching a unique campaign aimed at urging the government to expedite the formation of a new electoral body. The delay has sparked widespread concern, highlighting the urgency of ensuring a credible and operational IEBC ahead of the elections.
#AppointIEBCNow: Kenyans Demand Action as IEBC Reconstitution Faces Delays
Using the hashtag #AppointIEBCNow, hundreds of Kenyans have expressed frustration over what they perceive as a deliberate delay by the Kenya Kwanza Government in establishing a fully functional Independent Electoral and Boundaries Commission (IEBC).
The reconstitution process has faced significant setbacks, including two pending court cases that have stalled progress. As a result, Kenyans may have to wait until January for the process to officially commence, raising concerns about the timely readiness of the electoral agency ahead of the next general election.
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.