Even as pressure mounts on the government to rebuild an electoral body less than three years before the general election, hurdles have developed that are impeding the process.
On Saturday, Kenyans launched an unusual social media campaign to push the government to expedite the process of establishing a new election commission.
Hundreds of Kenyans used the hashtag #appointiebcnow to express their worry about what they saw as the Kenya Kwanza Government’s purposeful endeavor to establish a functioning IEBC.
However, the process of reestablishing a new electoral agency has been hampered by two legal lawsuits, and Kenyans may have to wait until January before the process can begin.
In August, the Political Parties Disputes Tribunal (PPDT) issued an interim ruling prohibiting President William Ruto from establishing a panel to select IEBC commissioners until a dispute over a nominee was settled.
This came after the National Labour Party’s Augustus Kyalo Muli filed a lawsuit against Azimio la Umoja for attempting to remove him from political party lists.
The NLP claims that it was legitimately elected in July despite an onslaught from Ambassador Koki Muli, who was actively supported by Kalonzo Musyoka.
Boniface Njogu filed another case in October at the Kiambu High Court challenging the nominees’ nomination to the IEBC selection panel, claiming a lack of representation for people with disabilities.
This petition finally delayed the panel-selection process, when Kiambu High Court judge Dora Chepkwony issued conservatory orders prohibiting the panel’s appointment until the matter was heard.
The case is due to be decided on January 25, 2025.With the current legal challenges, the country is still dealing with the possibility of a potential election crisis, as there has been no effective electoral agency in place for two years since the last commission stepped down.
One critical function of the IEBC that has been hindered due to a lack of a functioning agency is boundary delineation, which should have occurred in 2024.
Meanwhile, three constituencies in the country Banisa, Ugunja, and Magarini lack representation in parliament since by-elections are impossible to hold without a functioning commission.
As a result of their lack of representation in the House, many seats have lagged in development.
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