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Hasten reconstitution of electoral agency

What you need to know:

  • The IEBC has been without commissioners for more than a year.
  • It has not been possible to hold by-elections and carry out border delimitation.

The electoral commission is a vital agency whose key functions have been hampered by the long-running failure to fully reconstitute it. As a result, some Kenyans have been denied their constitutional right of representation in Parliament and in the county assemblies.

Several vacant seats cannot be filled as the Independent Electoral and Boundaries Commission (IEBC), not only lacks its chairperson, but also commissioners. The IEBC has been without commissioners for more than a year. Its key mandate is managing elections and serving as an umpire in the duels.

It has not been possible to hold by-elections and carry out border delimitation. Nominees to the IEBC selection panel cannot be approved. The commission has been dysfunctional since the resignation in January last year of chairman Wafula Chebukati and his team. Three commissioners had been kicked out of office by a tribunal.

One constituency has been without a representative since its MP died in March last year. Two wards, whose MCAs died, also remain without representation. And also staring at a similar fate are the people of Ugunja, whose MP, Mr Opiyo Wandayi, was recently appointed the Energy Cabinet Secretary.

Reconstitution of electoral agency

Other voters could also find themselves without elected leaders should their representatives die before the next elections in 2027, unless the IEBC hitch is resolved.

The denial of representation is not just grossly unfair, it is also unconstitutional. It is a right that should never be denied for whatever reason. This is why it is important the IEBC selection panel is constituted as soon as possible to interview and appoint the commissioners.

The long-awaited reconstitution of the IEBC is certainly an urgent business of Parliament, which resumed its sittings on Tuesday. National Assembly Speaker Moses Wetang’ula has called for the swift reconstitution of the commission, and so has Wiper party leader Kalonzo Musyoka, a co-principal in the opposition Azimio coalition.

There was a lot of excitement two months ago when President William Ruto assented to the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024, setting the stage for the reconstitution of the electoral agency. This should be speeded up.