The Independent Electoral and Boundaries Commission (IEBC) is facing a new challenge after the Attorney General, Dorcas Oduor, issued a fresh directive.
This comes as concerns grow about the ongoing process of boundary delimitation ahead of the upcoming general elections.
On Monday, February 3, the Attorney General requested that the Supreme Court dismiss an advisory case filed by the IEBC regarding boundary delimitation.
In March 2024, the IEBC approached the Supreme Court for clarification on whether they could proceed with boundary delimitation despite having only a partial commission—without six commissioners and a chair.
However, Attorney General Oduor has questioned the urgency of this request, stating that the case lacks the necessary urgency.
She emphasized that the timelines established in the Constitution for boundary delimitation have already passed.
Principal State Counsel Odiwour Kaumba, representing the Attorney General, argued that the constitutional deadlines for completing the delimitation of boundaries had expired, and the IEBC’s efforts are complicated by the absence of commissioners.
Since the resignation of former Chairman Wafula Chebukati and his team of commissioners in early 2023, the IEBC has been operating with only the secretariat in charge, creating further challenges.
The Attorney General also criticized the IEBC’s advisory as flawed, claiming that the secretariat cannot carry out vital tasks reserved for the commission when it lacks a quorum.
“The urgency has disappeared due to the expiration of the constitutional deadlines under Article 89(2) of the Constitution and the absence of commissioners to carry out the delimitation of boundaries,” said Odiwour.
According to Article 89(2) of the Constitution, the IEBC is required to review the names and boundaries of constituencies every eight to twelve years, with any review needing to be completed at least twelve months before the next general election for Members of Parliament.
This review process is crucial for ensuring that boundaries are aligned with demographic changes and population shifts, preventing any constituency from gaining an unfair advantage during elections.
In response to the ongoing situation, on January 27, President William Ruto appointed a selection panel to oversee the appointment of new IEBC commissioners.
The panel, led by its new chair Nelson Makanda, has since announced vacancies for eligible Kenyans to apply for the positions.
The panel has indicated that they aim to resolve the uncertainty surrounding the IEBC within the next 85 days.
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