Government Explains Delay in Reconstituting IEBC Amid Public Pressure

December 9, 2024

Deputy President Kithure Kindiki has addressed the government’s delay in reconstituting the Independent Electoral and Boundaries Commission (IEBC), citing a court injunction as the primary obstacle. His remarks come amid increasing pressure from opposition leaders and concerned citizens.

Speaking during a church service at Chebuyusi Boys High School in Navakholo, Kakamega County, Kindiki explained that legal proceedings have stalled the recruitment process for new IEBC commissioners.

“The reason there is no IEBC at the moment is because some Kenyans went to court,” Kindiki stated. “There is an injunction against establishing the recruitment panel that is supposed to appoint IEBC commissioners.”

The Deputy President reiterated the government’s commitment to upholding the rule of law, asserting that it cannot bypass the court’s orders. He urged petitioners to prioritize national interests by allowing the injunctions to be lifted.

“Our hands are tied as a government. We cannot defy the courts to re-establish the IEBC,” Kindiki said. “We appeal to our fellow Kenyans who stopped the process to withdraw the petitions so the country can move forward.”

He emphasized the urgency of forming a fully constituted IEBC to facilitate by-elections in constituencies and wards lacking representation.

The legal challenge delaying the IEBC recruitment process dates back to October 2024. Boniface Njogu filed a court case, arguing that the selection panel lacked adequate representation for people living with disabilities.

Njogu petitioned the court to bar the Attorney-General and the Clerk of the Senate, who serves as the secretary to the Parliamentary Service Commission (PSC), from forwarding the panel nominees to President William Ruto for appointment. The court will determine the case on January 25, 2025.

Meanwhile, former Deputy President Rigathi Gachagua has criticized the government for failing to prioritize the IEBC’s reconstitution. Speaking during a church service in Mwiki, Kasarani, Gachagua warned that further delays could jeopardize the credibility of the 2027 elections.

“An election is only as credible as the process,” Gachagua stated. “The Krigler report stressed that the electoral commission must be in place three years before elections. With only two and a half years remaining, the absence of an IEBC raises concerns and could be seen as suspicious.”

As public scrutiny intensifies, the government faces mounting pressure to resolve the legal and procedural hurdles delaying the reconstitution of the IEBC.

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