IEBC CEO Blames Court Delays for Paralysis in Electoral Processes
The Independent Electoral and Boundaries Commission (IEBC) has blamed ongoing court cases for the delays in reconstituting the electoral body, which have hindered the commission’s ability to conduct by-elections and complete the boundary delimitation process.
IEBC CEO Marjan Hussein Marjan testified before the Public Petitions Committee, explaining that the commission has been in a state of paralysis for nearly two years due to two major legal cases. One involves a petition still pending at the Supreme Court, and the other is before the Kiambu High Court. These cases have effectively prevented the commission from carrying out its constitutional duties.
Marjan revealed that the IEBC has been waiting for an advisory from the Supreme Court since July, which is essential to determine whether the commission can proceed with the delayed by-elections and boundary delimitation process, originally scheduled to be concluded by March 2024. The Supreme Court’s advisory remains crucial for moving forward with the electoral process.
In addition to the Supreme Court case, a petition filed at the Kiambu High Court by Boniface Njogu challenges the constitution of the IEBC selection panel. Njogu argues that the panel does not sufficiently represent persons living with disabilities. A ruling from Judge Dorah Chepkwony temporarily halted the process of forwarding the panel’s members to the President until the matter is resolved.
Marjan urged that the recruitment process for new commissioners be fast-tracked to allow the commission to fulfill its constitutional duties, including the crucial boundary delimitation.
The delays have left 11 constituencies, including Banisa, Magarini, and Ugunja, without representation in Parliament, and many wards have lacked elected representatives for over a year. This situation has caused frustration among lawmakers, with Senate Majority Leader Aaron Cheruiyot and Senate Minority Leader Stewart Madzayo calling on the judiciary to expedite the legal processes to ensure affected communities regain their representation.
The delay in the delimitation process also poses a significant risk to the next general election, as per Article 89(2) of the Constitution, which mandates the review of constituency and ward boundaries every eight to twelve years.
Meanwhile, the IEBC clarified that the transmission of presidential election results will not be changed, contrary to recent claims linked to the Election Amendment Bill of 2024. The results will still be transmitted live, but they will not serve as the final basis for determining the presidential winner, as clarified by Christine Owiye, the IEBC’s Director of Legal Services.
IEBC CEO Blames Court Delays for Paralysis in Electoral Processes
