“It has to show that an individual or certain number of commissioners have violated the constitution even before getting to the level of a tribunal being established. It is a hard and technical process, probably the reason why CORD resulted to political pressure.”
Though the Constitution allows political pressure in form of demonstrations, Mkangi warned that they should be peaceful and without criminal tendencies.
The IEBC issue can further be resolved through a political agreement backed by a constitutional amendment.
For example, in 2008 the political leadership agreed on an amendment that disbanded ECK.
Various players – religious groups and the political class have called for dialogue to resolve the IEBC stalemate that has continued to turn ugly day by day.
“The dialoguing – one of the goals is to achieve that through an agreement between parliamentary political parties and political principals that parliament pass a constitutional amendment to either disband the entire body or at the level of commissioners,” Mkangi explained.
In case Parliament agrees to disband IEBC, Mkangi said, another amendment can be adopted to create a new institution to avoid the lacuna of not having an electoral body.
But whatever the dialoguing agrees on, it should provide a legal means of dealing with the issue according to Mkangi.
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