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May 18, 2021 | A voter casts his ballot at a polling station in Bonchari during the May 18, 2021 by-elections/IEBC

Kenya

Case filed to postpone elections to 2023 citing lack of IEBC CEO

NAIROBI, Kenya sep 6 – A case seeking to have next year’s elections postponed to 2023 has been filed citing lack of a substantive Chief Executive Officer (CEO) at the Independent Electoral and Boundaries Commission (IEBC).

The case was filed at the High Court on Monday by former nominated Senator Paul Njoroge who argues that key procurements for election materials will not be undertaken lawfully due to lack of a CEO.

In particular, the petitioner argues that when the electoral body was not properly constituted when it gave directions on the tendering and procurement process for the various hardware and software materials as well as personnel to be deployed in the 2022 Presidential Election of 9th August, 2022.

“As at the time the 1st Respondent made the declaration, decision and/or direction for the tendering and procurement of various hardware and software materials and personnel to be deployed in and/or engaged in the said intended Presidential Election of 9th August, 2022 it was improperly constituted as it did not have a substantive Chief Executive Officer/Secretary,” read the petition.

The post of the CEO fell vacant following Ezra Chiloba’s exit in 2018 at the height of an audit that raised numerous queries in the commission’s expenditures. He was later appointed a board member of the Youth Enterprise Development Fund (YEDF).

The Independent Electoral and Boundaries Commission has been on the spot for taking too long to recruit a substantive CEO.

Marjan Marjan has been holding the Commission Secretary’s position in an acting capacity for the last two and a half years following Chiloba’s exit.

Just last week, four commissioners were recruited in a competitive process to fill vacant posts which have been vacant.

In a 67-page petition, the former nominated Senator further pointed out that President Uhuru Kenyatta and Deputy President William Ruto were sworn into office on 28th of November 2017 and by holding the next election on August 9, 2022, they will not have completed their five-year constitutional term.

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The applicant argues that further budgetary or financial allocation intended for the preparation of the Presidential Election of August 9, 2022 should be declared illegal.

“The ongoing tendering and/or procurement of various hardware and software materials and personnel to be deployed in and/or engaged in the said intended Presidential Election of 9th August, 2022 are illegal, irregular and illegitimate,” the applicant noted.

In the petition certified as urgent, Attorney General Kihara Kariuki is listed as the 2nd respondent with Treasury Cabinet Secretary Ukur Yattani and his Principal Secretary Julius Muia named as the 3rd and 4th respondents respectively.

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