NAIROBI, Kenya, Feb 22 – The European Union Election Follow-up Mission (EU EFM) to Kenya has highlighted the delay in appointing new Independent Electoral and Boundaries Commission (IEBC) commissioners as a significant factor in the slow pace of electoral reforms required ahead of the 2027 General Election.
The team which began it’s tour on February 2, 2025 is scheduled to conclude its visit on March 1, 2025.
During its tour, led by Ivan Štefanec, the team has met with various stakeholders involved in Kenya’s electoral preparedness to assess progress in the electoral reform process and the implementation of recommendations from the EU Election Observation Mission (EU EOM) 2022.
Speaking at a news conference on February 22 in Nairobi, Štefanec, former Chief Observer of the EU EOM 2022 and former Member of the European Parliament, noted that the absence of a fully constituted IEBC has caused delays in critical areas such as voter education, continuous voter registration, and the allocation of adequate funds for these processes.
Additionally, reforms related to electoral technology, regular audits, stakeholder consultations, and the operationalization of the Election Campaign Financing Act have all been impacted by the IEBC’s incomplete composition.
“The delay in appointing new IEBC commissioners has effectively postponed pending by-elections and the boundary delimitation process, halted continuous voter registration, and jeopardized preparations for the 2027 elections.”
“It is crucial that the IEBC is reconstituted without further delay and receives adequate funding to prepare for the elections,” Štefanec emphasized.
The lack of commissioners has prevented the IEBC from conducting by-elections in six constituencies and seven wards across the country. Several senior management positions within the commission also remain vacant.
Despite these setbacks, the EU EFM noted some positive developments.
However, Štefanec stressed that the new IEBC will require support to carry out its mandate once fully constituted.
“We noted, however, a lack of tangible progress in implementing the recommendations offered by the EU EOM in 2022. Most of our interlocutors agreed on the urgency of having an independent and fully functioning IEBC well before the next elections,” he said.
Concerns are growing that the delay in the boundary delimitation process may become the most significant casualty of the postponed reconstitution of the electoral agency.
National Assembly Speaker Moses Wetang’ula, in January 30, warned that the delay in appointing new IEBC commissioners could also make it impossible to create additional constituencies in time for the 2027 elections.
“The importance of having a fully constituted commission cannot be overstated, as it directly affects the conduct of elections and the accuracy of electoral boundaries, which are crucial for fair representation in Parliament,” Wetang’ula said.
Article 97 of the Constitution mandates that the IEBC review the names and boundaries of constituencies at intervals of no less than eight years, and no more than twelve years.
This review must be completed at least twelve months before a general election.
IEBC Recruitment Panel’s Timeline
The IEBC Recruitment Panel, led by Dr. Nelson Makanda, recently revealed that a new chairperson and six commissioners are expected to be appointed by April 25, 2025.
The selection panel will announce the shortlisted candidates after the deadline for applications closed on February 15, with over 1,800 Kenyans applying for the positions.
Following interviews and shortlisting, the panel will submit the names of qualified candidates to President William Ruto, who will then nominate one individual for the chairperson position and six for the commissioner roles.
The decision-making positions at the IEBC have been vacant since January 17, 2023, when the constitutional six-year terms of Chairman Wafula Chebukati and Commissioners Boya Molu and Abdi Yakub Guliye expired.
Former Vice-Chairperson Juliana Cherera, along with Commissioners Justus Nyang’aya and Francis Wanderi, resigned in December 2022 to avoid facing a tribunal set up by President Ruto to investigate their conduct during the August 9, 2022, General Election.
Irene Masit was dismissed by President Ruto on February 27, 2023, following a tribunal’s recommendation related to her conduct during the 2022 General Election.
