As the 2027 elections loom, the battle for control of the Independent Electoral and Boundaries Commission (IEBC) is intensifying in Kenya. The recent delays in appointing new commissioners have not only caused frustration among politicians and the public but also risk further complicating the electoral process. At the heart of the struggle are accusations and counter-accusations between the government and opposition, with significant implications for the upcoming polls.
The Blame Game
The recent blame game began when Musalia Mudavadi, the Prime Cabinet Secretary, pinned the delay in appointing new IEBC commissioners on Wiper leader Kalonzo Musyoka. Mudavadi’s ally, Amani National Congress MP Hamisi Dena, argued that Musyoka and his party were purposefully stalling the recruitment process through an artificial deadlock. Dena criticized Musyoka’s approach, saying it was an attempt to control the selection panel and thereby influence the outcome of future elections. Musyoka and his supporters, on the other hand, have denied these claims, insisting that the delays are due to the flawed legal framework and court cases filed by the government to delay the process.
Constitutional Timeline and Political Interests
The Constitution of Kenya mandates a clear timeline for the appointment of IEBC commissioners. However, as the process drags on, key deadlines are being missed, risking a repeat of the chaotic electoral preparations seen in previous elections. The delay has already resulted in vacancies in three constituencies and a boundary review that remains pending—both critical components of the electoral process. According to Dena and other political analysts, this delay threatens the constitutional integrity of the 2027 elections, suggesting that politicians are prioritizing personal and partisan interests over national electoral stability.
The Role of the Political Parties
The struggle for control over the IEBC is being played out in courtrooms, in Parliament, and publicly. The formation of the selection panel, which involves representatives from various nominating bodies, has been a sticking point. While most bodies, including the Parliamentary Service Commission and the Interreligious Council, have put forward their nominees, the Azimio coalition remains divided. Musyoka’s Wiper party’s challenge to the nomination of Augustus Muli by Azimio has further complicated matters, as the Political Parties Disputes Tribunal and the High Court intervene to resolve these disputes. This has led to accusations that Azimio is attempting to delay the process intentionally.
A Flawed Legal Framework and Judicial Interventions
Recent court rulings have highlighted the contentious nature of the IEBC amendment laws. A ruling by Justice Antony Mrima found the IEBC (Amendment) Act, 2023, unconstitutional, further complicating the process. However, Parliament moved quickly to pass a new law, the IEBC (Amendment) Act, 2024, which provides a 14-day window for nominating bodies to submit their candidates to the selection panel. Despite this, political infighting and legal challenges have delayed the process, with the Chief Justice expected to convene a five-judge bench to expedite rulings on these matters in January 2025.
The Impact on the Electoral Process
The ongoing battle for control of the IEBC not only jeopardizes the timely formation of the commission but also raises concerns about the integrity of future elections. As the clock ticks down to 2027, experts and political commentators are warning of a potential crisis. The lack of an independent and timely appointment of IEBC commissioners threatens to undermine the credibility of the electoral process, creating a fertile ground for disputes and allegations of electoral fraud. The delay in appointing the commissioners also hampers the commission’s ability to prepare adequately for voter registration, training of officials, and the distribution of materials needed for free and fair elections.
Conclusion
As the political and legal battles continue to play out, the urgency for a swift resolution to the IEBC crisis is palpable. The country needs an independent electoral body that can oversee the 2027 elections without external interference. The recent court ruling may have brought temporary relief, but the real challenge lies in ensuring that the political actors put the national interest above their partisan ambitions. With the pressure mounting, it is crucial that the process moves forward without further delays to avoid a repeat of the chaos witnessed in the past elections. The Kenyan public deserves a fair and credible electoral process, and the government and opposition must find common ground to achieve it.
