Kenyans back Justice Isaac Lenaola's call for quick reconstitution of IEBC

A call by Supreme Court Judge Isaac Lenaola to expedite the reconstitution of the Independent Electoral and Boundaries Commission (IEBC) has sparked widespread reactions, with Kenyans taking to social media to amplify the demand.

Using the hashtag #appointIEBCnow on X, Kenyans expressed frustrations over delays in forming the electoral body.

Speaking during a regional conference on artificial intelligence, digital, and social media in elections, Lenaola criticised both the government and the opposition for failing to prioritise the appointment of IEBC commissioners.

He questioned how Parliament could focus on passing other laws while neglecting what he termed as a critical issue for the nation.

“How can a country like ours stand on its feet without an electoral commission? Elections are in 2027, and this is 2024. When will this commission be prepared?” Lenaola asked.

Essential for credible elections

He emphasised that a fully operational IEBC is essential for credible elections, urging lawmakers to act urgently.

Kenyans' growing impatience comes as the process of reconstituting the IEBC faces legal hurdles. Two court cases have stalled the nomination of nine members to the selection panel tasked with appointing commissioners.

A petition filed by Boniface Njogu in October at the High Court in Kiambu challenges the IEBC selection panel's composition, citing a lack of representation for persons with disabilities.

Njogu argues that the absence of such representation violates Articles 10 and 54(2) of the Constitution, which require the state to ensure that at least five per cent of members in public bodies are persons with disabilities.

Justice Dora Chepkwony issued conservatory orders halting the appointment of the selection panel until the matter is resolved.

A judgment on the case is expected on January 25, 2025.

Azimio representative

Meanwhile, another dispute involves the Azimio la Umoja One Kenya Coalition Party, where a disagreement over its representative to the selection panel has further delayed progress.

Lawyer Koki Muli and Augustus Kyallo Muli are locked in a battle over the minority party’s slot. Kyallo, claiming to have been short-changed, has filed an appeal seeking recognition as Azimio’s nominee.

Azimio insists that Muli is the appropriate candidate, arguing that her nomination adheres to the required standards and ensures gender balance, as most other representatives are male.

Despite these challenges, other entities have finalised their nominations for the nine-member IEBC selection panel. The political parties' liaison committee submitted Nicodemus Bore for the Kenya Kwanza coalition, while Evans Misati was nominated for non-parliamentary parties.

The Inter-Religious Council retained its earlier nominees, Dr Nelson Makanda and Fatuma Saman. The Institute of Certified Public Accountants nominated Andrew Kipkoech, and the Law Society of Kenya selected Carolene Kituku. The Parliamentary Service Commission submitted Lynda Koome for UDA and Prof Adams Oloo for ODM.

Operated without commissioners

The IEBC has operated without commissioners since March 2023, when Irene Masit, the last serving commissioner, was forced out. The terms of the other commissioners had either expired, or they resigned.

“Why is the IEBC not being constituted? Is it because Azimio can’t resolve their internal disputes? Is that reason enough to hold the country hostage for two years?” Justice Lenaola wondered as he expressed frustration over the delays.

With elections just three years away, concerns are mounting about the time required to prepare the IEBC for the 2027 polls.

The process is expected to resume after the pending court cases are resolved, but the delays have left Kenyans questioning the political commitment to ensuring a credible electoral process.

"The failure to constitute a credible IEBC has exposed a deliberate attempt to undermine democracy, denying Kenyans the assurance of free and fair elections. Such actions betray the very foundation of our republic, casting doubt on the integrity of the future," Ongoya Fidel Hill Castro, an X user, said.

"Let's not stop demanding and asking to form the IEBC. Everyone in Kenya needs an opportunity to vote in 2027 and for elections to be free and fair the process has to start. This is the hashtag #AppointIEBCNow," an X user known as Sholla said.

"Dear millennials and Gen Z, our future is being robbed. It's time we demand the appointment of IEBC commissioners, as this is crucial for a free and fair election," Eric Okemwa said.

"Some of us are suffering because our leaders are no longer there due to unavoidable circumstances.  Appoint IEBC," Jeremy Lemakara said.