The prolonged delay in reconstructing the Independent Electoral and Boundaries Commission (IEBC) has left multiple region across the country in a leadership vacuum as several wards and constituencies await by-elections required by the constitution.
Three wards and seven constituencies remain without representation due to the IEBC’s inability to conduct by-elections.
This stalemate arises from the lack of commissioners whose reconstruction process has been stalled by legal disputes involving the nine-member selection panel tasked with nominating candidates for the vacant positions.
Leadership Void After Resignations
The IEBC’s challenges began with the resignation of former chairperson Wafula Chebukati and commissioners Abdi Guliye and Boya Molu at the end of their six-year terms.
The situation worsened following the controversial fallout over 2022 general election results which led to the removal of the so-called “cherera four.”
Legal Battles Stall Progress
The nine-member selection panel, including Andrew Tanui, Adams Oloo, Caroline Kituku, and others, is facing two legal cases in Nairobi and Kiambu courts.
Petitioners have alleged a lack of regional balance in the panel’s composition, further delaying the nomination process.
Regional Impacts
The absence of IEBC commissioners has rendered the commission unable to issue gazette notices required for by-elections, leaving key constituencies like Banisa (Mandera), Magarini (Kilifi), and Ugunja (Siaya) without elected leaders.
Similarly, wards such as Kisa East (Kakamega), Chewana (Tana River), and Nyamai (Nyamira) are also affected.
A letter from the IEBC to the Attorney General highlighted the constitutional constraints caused by the commissioners’ absence:
“In the absence of the commissioners, no gazette notices may be executed for publication to facilitate the conduct of any by-election as the same would lack the sanction of the commission, thereby violating the constitution.”
However, the delays have also cast doubt on preparations for the 2027 general elections.
Although the reconstruction process was scheduled for completion by March 2024, it remains significantly behind schedule, raising concerns about the IEBC’s ability to fulfill its constitutional mandate.
Efforts to resolve the legal and structural challenges surrounding the IEBC remain critical for restoring leadership in affected regions and ensuring readiness for future electoral processes.
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