High Court Judge Directs IEBC Selection Panel to Replace Commissioners Immediately
On Wednesday, the High Court instructed the selection panel of the Independent and Electoral Boundaries Commission (IEBC) to promptly initiate the procedure for filling the empty positions of chairperson and commissioners within the electoral body.
During her judgment, Justice Thande Mugure noted that while the procedure has a political aspect, delaying its commencement poses a potential threat of pushing the nation into a constitutional crisis.
Currently, there is a dilemma regarding whether the existing composition of the commission is capable of organizing a by-election. Efficiently choosing and screening new officials would enable the commission to conduct by-elections in regions where the previous leaders are no longer in office.
The complete establishment of the commission will have a positive impact on Banissa constituency, especially following the unfortunate death of its Member of Parliament in 2023 due to a collision with a speeding vehicle.
Meanwhile, an additional justification for urgently appointing commissioners is the imminent review of constituency boundaries, which is scheduled to take place soon. However, the commission is currently in a state of disarray. As per the Constitution, the review must be completed by March 2024 at the latest.
The key positions at the Independent Electoral and Boundaries Commission (IEBC) became vacant when some of the commissioners resigned, and others retired. Among them, the former chairperson, Wafula Chebukati, opted for retirement.
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Boya Molu and Abdi Guliye concluded their careers in January 2023, whereas Juliana Cherera, Justus Nyang’aya, Irene Masit, and Francis Wanderi stepped down from their positions in December 2022.
Attempts to nominate fresh commissioners have faced resistance from Raila Odinga, the leader of the Azimio party.
Raila expressed concern that Ruto might nominate biased commissioners. Consequently, he advocated for the reformation of the selection panel.
Nevertheless, in February 2023, President Ruto appointed a selection panel consisting of seven members, a decision that faced opposition challenges.
Following the establishment of the National Dialogue Committee (NADCO), both the opposition and Kenya Kwanza have ultimately reached a consensus on reshaping the committee.
The group, headed by Kalonzo Musyoka, the leader of the Wiper Party, and Kimani Ichung’wah, a Member of Parliament from the Kikuyu community, has also decided to conduct an examination of the outcomes of the presidential elections in 2022.
High Court Judge Directs IEBC Selection Panel to Replace Commissioners Immediately