There is a growing concern among the civil society in Kenya over the delay in reconstituting the Independent Electoral and Boundaries Commission to prepare for the 2027 elections.
The Law Society of Kenya has now put pressure on Kenyan politicians and the judiciary to fast-track the reconstitution of the Independent Electoral and Boundaries Commission.
In a report Delayed Appointment of the IEBC Commissioners—A Ticking Time Bomb, the LSK president Faith Odhiambo says that the reconstitution of the electoral body is now urgent after politicians close to President Ruto hinted at their intention to defeat and derail the will of the people of Kenya in 2027.
“Amid the disconcerting murmurs from some political players of their intention to defeat and derail the will of the people of Kenya in 2027, the delay in the reconstitution of the IEBC becomes an even more urgent undertaking,” said Ms Odhiambo.
The MP for Kapseret Oscar Sudi said that President Ruto must win by all means in 2027, even if it means “adding” votes to ensure he serves a second term.
The MP for Tiaty, William Kamket was unapologetic when he said at a church function that they could amend the constitution to make President Ruto rule for 24 years.
“If they joke, you know I come from the county of 24 years. Baringo County we know about 24 years and how to manufacture a president to survive for 24 years. If they joke, we can tell you to extend past the two terms,” he said, alluding to the 24 years the late Daniel arap Moi was in power.
New commissioners of the IEBC were supposed to be recruited by a special panel that emanated from the National Dialogue Committee (NADCO), which led talks between President William Ruto and opposition leader Raila Odinga.
However, the issue of IEBC is currently stuck in the courts after disagreement arose among the opposition Azimio la Umoja as to who between Augustus Muli and Koki Muli is to represent the coalition in the Selection Panel.
The vacuum occurred after the disputed 2022 elections, when four commissioners, who disputed the presidential results given by then chairperson, Wafula Chebukati, were forced to resign, while the terms of the chairperson and two commissioners expired in early 2023.
Some opposition members have accused President William Ruto of revelling in the delay for political expediency, a charge he has severally denied.
Allegation of Ruto’s satisfaction with the current stalemate originates from the fact that an incomplete commission cannot undertake crucial roles such as the continuous registration of voters—which would deny the youth who are now opposing the president in large numbers, the chance to register as voters ahead of the 2027 elections
The concerns are guided by the 2009 report by the Independent Review Commission (IREC) led by South African Judge recommendation, Johann Kriegler had recommended that the electoral body has to be in place two and a half years before elections to allow thorough preparations.
While Kreigler Report’s suggestion is still used as a standard for evaluating electoral reforms and readiness, even though it was not specifically accepted as a legislative requirement in Kenya, and was not obeyed in some past elections.
In the 2013 elections, the IEBC was constituted in late 2011, giving it less than two years to prepare. The same happened in the run-up to the 2017 elections, when several commissioners resigned or were replaced in 2016, raising concerns about adequate preparation time.
Now, the LSK is concerned that Kenya risks entering another election with an outdated and unreliable voter register as was the case in the last elections.
Without the commissioners in place, it is impossible to accomplish the IEBC’s time-bound tasks. One of the tasks that has been overtaken by events. The IEBC is responsible for reviewing constituency and ward boundaries every 8-12 years. The last review was undertaken in 2012, and the next review was due by March 2024, which has already passed.
“Without a functioning commission, the delimitation process cannot be completed. This has implications for the voter registration and the conduct of elections. The delimitation of boundaries is a crucial operational aspect of the electoral process that has constitutional timelines about the elections,” said Ms Odhiambo.
She is urging to political class to consider an out-of-court settlement on the Selection Panel crisis since the delay in the reconstitution of IEBC could have serious repercussions in the 2027 elections and the stability of the country.
