Deputy President Kithure Kindiki and his predecessor Rigathi Gachagua yesterday clashed over the reconstitution of the Independent Electoral and Boundaries Commission (IEBC).

While Gachagua read mischief in the delay, Kindiki pointed to legal challenges as the reason behind the delay in the commission’s reconstitution.

Gachagua called for an immediate reconstitution of the electoral body saying that the delay could put the credibility of the 2027 elections in question.

The former DP claimed that there was a government hand in the delay and urged Kenyans to put pressure on the state to finalise the nomination of commissioners.

“The government has failed to prioritize the reconstitution of the electoral body, this is worrying as the country draws near to the general elections,” Gachagua told a congregation in Mwiki, Kasarani in Nairobi county.

He continued; “An election is as credible as the process. The Krigler report emphasized that the electoral commission must be in place three years before the elections.”

But speaking in Navakholo, Kakamega county, Kindiki explained that a court injunction blocking the formation of the IEBC retirement panel is preventing the government from moving forward with the reconstitution process. “Some Kenyans went to court and filed an injunction against the establishment of the retirement panel of the IEBC,” said Kindiki.

“When there is an injunction, the government has nothing much to do,” Kindiki added. “We are asking the parties who took this matter to court to reach an out-of-court settlement so that we can unblock this process and complete the reconstitution of IEBC as soon as possible.”

The DP, who was flanked by Kakamega governor Fernandes Barasa, area MP Emmanuel Wangwe and his Ikolomani counterpart Bernard Shinali also called on the Azimio coalition to agree on its members picked to the selection committee in a bid to have the electoral body in place by January.

 

IEBC motion

Gachagua on his part said that despite there having a court case over the matter, the government had not shown any commitment to have the IEBC in motion.

“We have two and a half years left, yet there is no IEBC in place. You cannot stop Kenyans from reading mischief,” said the former DP.

Gachagua was accompanied by Kirinyaga Woman Representative Njeri Maina, Mukurweini MP John Kaguchia, Naivasha MP Jayne Kihara, Murang’a senator Joe Nyutu, Kipipiri MP Wanjiku Muihia, Embakasi North MP James Gakuya and Nyandarua Senator John Methu.

And speaking in Murang’a county where he attended a church service, Wiper party leader Kalonzo Musyoka also hit out at the State and in particular President William Ruto for creating the constitutional crisis by failing to reconstitute the electoral body.

Kalonzo was accompanied by former Kiambu County Governor Ferdinand Waititu, Jubilee Party SG Jeremiah Kioni, former MPs for Limuru and Kiambu Peter Mwathi and Jude Njomo respectively.

He said that the Azimio coalition had adhered to the strict timelines of the Court and presented the name of Koki Muli for the IEBC Selection Panel.

“The State itself has filed an appeal with the Kiambu High Court against our decision. They want candidates who are easy to influence and manipulate. It is a Ruto strategy to ensure there is no IEBC.”

“Speaker Wetang’ula is also part of the conspiracy against Kenyans. If they had taken time to marshall Parliament, as they did with Riggy G, the country would not be in a constitutional crisis,” he went on.

The IEBC has been in an indeterminate state since the 2022 elections after four commissioners resigned amidst controversy and the expiry of the term of three others.

Pressure has been building on the government to resume the recruitment process of new commissioners. Kenyans have blamed the Executive and Parliament’s inaction, despite an ongoing court case on the matter.

Supreme Court Judge Isaac Lenaola triggered the debate last Friday when he warned that the delay in reconstituting the electoral commission was of great concern to Kenyans and those in positions should act.

Lenaola warned that the protracted tussle could impede the commission’s preparedness for the elections.

He called out the National Assembly for prioritizing politically charged legislation over pressing issues like the IEBC reconstitution.

The judge also hit at the Azimio la Umoja coalition for failing to appoint a representative to the reconstitution panel, accusing it of holding the process hostage.

Parliament passed the Independent Electoral and Boundaries Commission (Amendment) Bill 2024 in July, and President William Ruto signed it into law, paving the way for the selection process.

However, the reconstitution process hit a roadblock when a tribunal court barred Parliament from forwarding nominees’ names to the president.

The Azimio la Umoja coalition challenged the original list of nominees, seeking to replace Augustus Muli with Koki Muli, further delaying progress.

Speaking during a regional conference on artificial intelligence, digital, and social media in elections, Lenaola criticised both the government and the opposition for failing to prioritise the appointment of IEBC commissioners.

He emphasised that a fully operational IEBC is essential for credible elections, urging lawmakers to act urgently.

Kenyans’ growing impatience comes as the process of reconstituting the IEBC faces legal hurdles. Two court cases have stalled the nomination of nine members to the selection panel tasked with appointing commissioners.

A petition filed by Boniface Njogu in October at the High Court in Kiambu challenges the IEBC selection panel’s composition, citing a lack of representation for persons with disabilities.

Njogu argues that the absence of such representation violates Articles 10 and 54(2) of the Constitution, which require the state to ensure that at least five per cent of members in public bodies are persons with disabilities.

Justice Dora Chepkwony issued conservatory orders halting the appointment of the selection panel until the matter is resolved. The judgment on the matter is set for January 25, next year.

Meanwhile, another dispute involves the Azimio la Umoja One Kenya Coalition Party, where a disagreement over its representative to the selection panel has further delayed progress.