NAIROBI, Kenya Nov 28-The Independent Electoral and Boundaries Commission (IEBC) is grappling with a constitutional crisis due to the lack of commissioners and the lapse of timelines for the review of constituency and ward boundaries, which was due by March 2024.
IEBC Chief Executive Officer Marjan Hussein Marjan has revealed that the commission has sought an advisory from the Supreme Court to determine whether the delimitation exercise can proceed in the absence of commissioners and if the constitutional timelines for the review can be extended.
Supreme Court Advisory Sought
Appearing before the National Assembly’s petition committee, Marjan explained that the Attorney General had advised against conducting the delimitation exercise without the requisite commissioners.
Following this, the IEBC petitioned the Supreme Court, citing potential legal challenges and risks to the country’s political stability if the review is not conducted.
“We seek the Supreme Court’s guidance on whether the commission can undertake the delimitation process without commissioners, if the review can occur after timelines have lapsed, and whether the constitutional deadlines can be extended,” Marjan stated.
Leadership Vacuum Stalls Progress
The commission has been without commissioners since the exit of Chairman Wafula Chebukati and commissioners Boya Molu and Abdi Guliye, whose tenures ended in January 2023. Four others—Juliana Cherera, Francis Wanderi, Justus Nyang’aya, and Irene Masit—were removed from office following their dissent against the 2022 presidential election results.
Marjan warned that the boundary review must be completed at least one year before the 2027 general elections to allow for proper election mapping.
Constitutional Timelines and Legal Hurdles
Article 89(2) of the Constitution mandates that IEBC review the names and boundaries of constituencies every 8-12 years, with the last review conducted in March 2012. Delays in addressing the current vacuum and legal hurdles have put this constitutional requirement at risk.
Compounding the issue, the High Court recently suspended the reconstitution of the electoral body, halting the transmission of nominees by the IEBC selection committee to President William Ruto for approval.
This suspension follows a legal challenge by Boniface Njogu, who argued that the appointment process violated inclusivity principles outlined in Articles 10 and 54(2) of the Constitution, particularly regarding representation of persons with disabilities in public bodies.
The High Court in Kiambu has barred Senate Clerk Jeremiah Nyegenye from forwarding, publishing, or gazetting the nominees until further judicial review is conducted.
Way Forward
The IEBC’s leadership vacuum and legal disputes are now a matter of urgent national concern, with the commission awaiting clarity from the Supreme Court on its next steps. Should the court allow the boundary review to proceed, IEBC aims to meet the constitutional requirements ahead of the 2027 general elections.
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