Nandi Senator Samson Cherargei has called on Kenyans to hold the Judiciary accountable for delays in the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), rather than blaming President William Ruto and Parliament. Speaking in Eldoret, Cherargei highlighted that both the legislative and executive arms of government had fulfilled their roles in facilitating the appointment of new IEBC commissioners, but the process remains stalled due to pending court cases.
According to Cherargei, Parliament passed the IEBC Amendment Act in 2023, which the President promptly signed into law. The Act set the legal framework for appointing a selection panel to spearhead the recruitment of new commissioners. However, the process was halted when some parties filed legal suits to contest aspects of the selection procedure.
“The President and Parliament have done their part. It is surprising that some Kenyans, including church leaders and politicians, continue to direct blame at us. The Judiciary, which is yet to resolve these cases, should be held responsible for the delay,” Cherargei asserted.
Call to Action for the Judiciary
Cherargei urged Chief Justice Martha Koome to prioritize the cases concerning the IEBC reconstitution as matters of national importance. He criticized the Judiciary for what he termed as selective urgency, citing instances where courts have issued swift injunctions against government programs, such as the affordable housing project.
“It is baffling that the Judiciary is quick to stop critical government initiatives yet shows no urgency in resolving cases that directly impact the electoral process. Kenyans deserve an explanation from the Chief Justice,” Cherargei stated.
The absence of a fully constituted IEBC, Cherargei noted, has significant implications for the country’s electoral system. He highlighted that three constituencies and 11 wards currently lack representation due to the commission’s inability to conduct by-elections. The senator emphasized the urgency of resolving the pending cases to restore the IEBC’s operational capacity, including tasks such as voter registration and oversight of electoral processes.
Strengthening the Electoral Process
Cherargei also underscored the importance of the amended IEBC Act, which includes provisions for the commission to audit general elections a year after they are held. This, he said, is a critical step toward strengthening Kenya’s electoral integrity and ensuring transparency in future polls.
He dismissed claims that President Ruto or Parliament had neglected their duties in the reconstitution process, stating, “Let no one deceive Kenyans about what has stalled the process. It is clear that Parliament and the President have fulfilled their obligations. The Judiciary must now carry its own cross.”
Rallying Stakeholders for Action
The senator called on church leaders, politicians, and citizens to collectively pressure the Judiciary to expedite the determination of the pending cases. He expressed optimism that once the legal hurdles are cleared, the selection panel can swiftly complete its work, paving the way for the appointment of new IEBC commissioners.
“The Judiciary holds the key to resolving this impasse. Kenyans should petition the Chief Justice to treat this matter with the urgency it deserves,” he urged.
Impact of Delays
Cherargei warned that continued delays in reconstituting the IEBC could undermine public confidence in the electoral system and affect the country’s democratic processes. He stressed that having a functional electoral commission is essential for ensuring representation and upholding the rule of law.
The senator’s remarks come amid mounting public concern over the stalled process, which has left critical electoral functions in limbo. As calls for action grow louder, all eyes are now on the Judiciary to break the deadlock and enable the IEBC to resume its mandate.
