NAIROBI, Kenya, Dec 8– Deputy President Kithure Kindiki has pointed to legal challenges as the reason behind the government’s inability to reconstitute the Independent Electoral and Boundaries Commission (IEBC).
While 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 cannot do anything.”
In October 2024, the High Court in Kiambu issued an injunction preventing the Clerk of the Senate, Jeremiah Nyegenye, from forwarding the names of nominees for the IEBC selection panel to President William Ruto for appointment.
The order also restrained the publication or gazettement of these names until the case’s resolution.
The petitioner, Boniface Njogu, raised concerns about the adherence to constitutional requirements, particularly regarding the representation of persons with disabilities in elective and appointive bodies.
Until the full determination of the court case, Kindiki asserted the government’s commitment to upholding the rule of law and avoiding interference in matters pending before the judiciary.
He appealed to the parties involved in the legal dispute to consider an out-of-court settlement to expedite the reconstitution process.
“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,” he urged.
Likewise, Kindiki 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.
The Raila Odinga-led coalition had differed over the rightful representation on the IEBC selection panel
The delay in reconstituting the IEBC has sparked nationwide discussions, with stakeholders urging a swift resolution to avoid potential disruptions to Kenya’s electoral processes.
A section of Kenyans including leaders led by the former Deputy President Rigathi have criticized the government for failing to prioritize the establishment of the electoral body, citing mischief in government knee-dragging.
The IEBC has been in limbo since the 2022 elections after four commissioners resigned amidst controversy and the expiry of the term of three others.
The push to have the Commission reconstituted was on December 6, 2024, fuelled by Supreme Court Judge Isaac Lenaola who voiced concerns about the delay.
Lenaola warned that the prolonged hold-up could hinder the commission’s preparedness for the elections.
He fingered the National Assembly for prioritizing politically charged legislation over pressing issues like the IEBC reconstitution.
