IEBC faces boundary review dilemma before ‘27 poll

As the country gears towards the 2027 General Election, the reconstituted poll agency is facing an insurmountable hurdle over the boundary review, which could be a critical determinant on whether the polls will be deferred until the issue is resolved.

Independent Electoral and Boundaries Commission (IEBC) Chairman Erastus Ethekon blamed the quagmire on the late appointment of his team.

Commissioner Moses Alutalala concurred with Ethekon’s sentiments, terming their late appointment, which was delayed for about two years, as a historic impediment to the boundary delimitation exercise.

The IEBC boss acknowledged that the late start of the commission’s work as a factor “outside our control,” suggesting that the IEBC’s limited timeline may force it to proceed with the election without first conducting the constitutionally mandated boundary review.

The chairman’s remarks point to a potentially significant legal and political challenge for the upcoming polls, as the electoral body grapples with its constitutional obligations and the practicalities of a shortened schedule in this electoral cycle.

“We have less than two years to the general election. There are some things that were outside our control for all of us, because of the late reconstitution of the IEBC,” Ethekon said during a media consultative meeting at a Nairobi hotel yesterday.

Should the new commission proceed and conduct the 2027 polls without reviewing the electoral boundaries, it will attract petitions challenging the legitimacy of the exercise, which could prompt the courts to nullify the election results.

Housekeeping

The constitution mandates IEBC to review the names and boundaries of constituencies and wards at intervals of not less than eight years and not more than twelve years. This review is a crucial step to ensure fair representation based on population changes. 

Additionally, if the 2027 general elections are conducted in the current setting, the move would exacerbate political tensions and trigger conflicts as boundary disputes are a highly sensitive and politically charged issue in some regions of the country.

Ethekon said they are still getting the information about the boundary review as the commission puts its house in order, barely a month after assuming office.

“We are receiving updates from the commission’s committee headed by Prof Aduol, and we are also consulting with various stakeholders. We will consider issues of its legality of the exercise, vis-à-vis the constitutional timelines and also the practicality,” he stated.

With growing concerns over comments by some people in the political quarters, suggesting Kenya will not hold the next general elections in 2027, Ethekon stressed that IEBC can only defer the polls after obtaining court orders and not due to pressure from politicians.

“Election will be held as scheduled unless the commission gets orders to the contrary. As long as we do not receive a lawful court order from our independent Judiciary, then we will proceed with the date as we properly understand it in law,” he said.

The new commission, he insisted, will be as open as possible with Kenyans from all walks of life, adding that IEBC will not ‘tint its windows’ from inside.

“We will be announcing the date and the schedule for the by-elections in about a week, once our operations committee gives us all the information, then we will communicate to the public, giving details on how we are going to conduct them,” he added.

With all eyes now set on IEBC over the credibility of the forthcoming elections, the chairman exuded confidence that the agency will conduct a free and fair exercise despite some politicians publicly declaring that they will rig elections should President Ruto fail to garner the requisite votes to secure a second term.

MPs Oscar Sudi (Kapseret), William Kamket (Tiaty) and Fatuma Jehow (Wajir Woman Representative) have been implicated in fuelling animosity among the electorate through reckless remarks on electoral malpractice like the stealing of votes.

In his rejoinder to them, the IEBC boss said that the Kenyan elections are highly regulated and denied any possibility of rigging of votes in the 2027 polls.

Ethekon also exonerated the commission from blame that it was blocking the move by members of the public to recall some of their MPs, clarifying that the issue has been escalated to the courts for interpretation.

The constitution allows the citizens to recall their elected representatives, particularly MPs and the MCAs, but according to Ethekon, the legal provision is not sufficient

 “The Article is not self-executing as some would argue. As lawyers, our role is to interpret the law, and sometimes our interpretation may not favour certain sections. That’s why the courts are there to guide,” he asserted, adding that the matter will take its normal course before the courts and the commission will act as guided.

As the political temperatures in the country continue to rise, IEBC said it has tapped the Attorney General, who was directed by the High Court to draft a Bill to stipulate timelines for election campaigns.

According to Ethekon, they will be seeking to get clarifications on what constitutes early campaigns and the parameters that the commission should set.

“We will be meeting with the Attorney General’s office and the (National Assembly committee on) Justice and Legal Affairs to discuss this matter. We will do an audit of some of these laws and see the proposals that must be taken to Parliament,” he added.

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