Kenya teeters on the brink of a constitutional crisis as delays in reconstituting the Independent Electoral and Boundaries Commission (IEBC) threaten the nation’s democratic processes. Nearly two years after the exit of the last commission, the IEBC remains non-functional, rendering it unable to perform its critical mandates, including boundary delimitation and conducting elections.
The absence of commissioners has crippled the IEBC’s ability to oversee by-elections and boundary reviews, key components of electoral integrity. According to Makueni Senator Daniel Maanzo, the delay in forming a new commission appears intentional, with the government seemingly indifferent to the implications. “We are in a very big constitutional crisis now that we cannot conduct elections, even by-elections for those who died. There is no hope in sight,” Maanzo lamented.
Mounting Legal and Political Deadlock
The IEBC’s reconstitution has been marred by legal hurdles and political infighting. Opposition parties have clashed over who should represent them on the selection panel. For instance, Wiper leader Kalonzo Musyoka supports Ambassador Koki Muli for the small parties’ representative, while the National Labour Party backs Augustus Kyalo, who was elected in July.
This impasse reflects broader mistrust and competing interests, with political analyst Daniel Orogo urging immediate resolution. “The crisis of confidence and trust among political party representatives must be addressed through the political liaison committee,” Orogo stated.
The lack of commissioners has stalled the constitutionally mandated boundary review, which should have occurred in March 2023—12 years after the last delimitation. The Supreme Court is yet to provide an advisory on whether the IEBC secretariat can carry out the review without commissioners.
Implications for Representation and Democracy
The prolonged vacuum in the IEBC has left three constituencies and multiple wards without representation for two years. The crisis also jeopardizes the status of 27 constituencies that risk extinction due to low population thresholds. These include Voi, Wundanyi, Mwatate, and Mukurweini, among others.
During the 2012 boundary review, these constituencies were protected despite not meeting the population threshold of 164,000. However, such protection may not apply in the pending review. If left unresolved, the situation could escalate into a broader governance crisis, with millions of citizens disenfranchised.
Former Machakos Deputy Governor Francis Mwangangi warned that last-minute rushes to fill IEBC vacancies could lead to inexperienced commissioners, exacerbating post-election chaos. He cited the 2007 election crisis as a cautionary tale, emphasizing the importance of timely and deliberate appointments.
Calls for Urgent Action
Civil society and political leaders have intensified calls for swift government action. Outgoing US Ambassador to Kenya, Meg Whitman, also expressed concern, noting that Kenya’s democracy is at risk without a functional electoral commission. “IEBC Kenya’s ability to support democracy is compromised without the recruitment of commissioners or parliamentary action to fund key activities like voter registration and by-elections,” the US Embassy stated.
Kalonzo Musyoka has appealed to stakeholders to set aside personal interests for the nation’s sake. “I urge those standing in the way of reconstituting IEBC to see the bigger picture. Please allow us to reconstitute IEBC as soon as possible,” he said.
Path Forward
Legal experts, including lawyer Danstan Omari, have urged the government to seek the Supreme Court’s advisory on whether the IEBC secretariat can undertake key tasks in the absence of commissioners. “We have legal ways to solve this crisis,” Omari said, highlighting the need for proactive measures.
The delays in forming the IEBC undermine not only electoral integrity but also public trust in governance. Without immediate action, Kenya risks entering the next election cycle with a weakened democracy, further exacerbating political tensions. The government must prioritize the IEBC’s reconstitution to avert a constitutional crisis and restore confidence in the electoral process.
