Fast-track hearing on remaking IEBC

There is a nexus between political stability and clean and credible elections. We live in a country where access to political power is seen as the only opportunity to obtain and distribute national resources for community or, mostly, self-benefit.

Our constitutional architecture concentrates a lot of decision-making on the political elite. Indeed, though the Constitution entrusts all sovereign power with the people, their authority is delegated to three arms of government – the Executive, Judiciary and Legislature.

The Executive and Legislature exercise the people’s political authority and decision-making with those occupying the institutions getting there through elections and appointments. Kenya being a constitutional democracy, elections play a central role in recruitment of the people’s choices.

History has shown that elections are a matter of life and death in Kenya. The 2007/8 violence that claimed 1,300 lives and displaced more than 350,000 families from their homes as a result of a disputed presidential election left an indelible stain in Kenya political election history.

The country continues to witness violence after every General Election. At the centre of this is the independence of the Independent Electoral and Boundaries Commission and the conduct of polls.

In fact, the Supreme Court declared the 2017 presidential election null and void.

The judges ruled that the electoral commission committed “irregularities and illegalities”, harming the integrity of the polls. According to the court, the electoral commission “failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution”.

Divisions among IEBC commissioners, some of whom disputed President’s William Ruto’s win, tainted the outcome and pushed the country to the edge. Kenyans have reason to worry that two years before the next elections, the IEBC is yet to be reconstituted despite warnings from experts that this could precipitate a constitutional crisis.

It is unfortunate that some constituencies have no representation in the Legislature – at the national and sub-national levels – due to the death of their elected representatives. By-elections could not be held as the electoral body lacks commissioners.

It is more frightening that the IEBC is mandated with important roles such as delimiting boundaries that have constitutional timelines. That is why we are asking the Judiciary to fast-track the hearing of a dispute of reconstitution of the IEBC to avert a crisis.