Kenya’s Independent Electoral and Boundaries Commission (IEBC) has long been a pivotal institution in shaping the country’s political landscape. Over the years, it has been at the center of some of the most contentious electoral processes, and after the 2022 General Election, it once again found itself in turbulent waters. At the heart of these challenges is Marjan Hussein Marjan, the man who took charge of the Commission at a critical juncture in its history. However, the once-stable institution he inherited has since been rendered powerless, leaving Marjan to helm what many are calling a “crippled” IEBC.
A Promising Start
Marjan’s journey to the top of the IEBC was not an overnight success. For nearly four years, he served as the caretaker of the Commission, overseeing its operations and ensuring its continuity after a series of leadership changes. However, it wasn’t until just months before the highly anticipated August 2022 General Election that Marjan officially took the reins of the IEBC, assuming the position of CEO. His appointment came with high expectations, as he had vowed to uphold the integrity of Kenya’s elections and build on the work of his predecessors.
At the time of his appointment, the IEBC was a well-functioning institution under the leadership of Wafula Chebukati, the then-chairperson of the Commission. The commissioners, comprising two currently retired members and four others who were later ousted, provided Marjan with a stable environment to carry out his mandate. With this team in place, it appeared that the IEBC was poised for a smooth election season, free from the controversies that had plagued past elections.
Marjan’s leadership was underpinned by his professional background in accounting, a field that demanded precision, discipline, and transparency traits he promised to bring to the Commission. His early days in office were characterized by a firm commitment to these principles, and he quickly gained the trust of the public and stakeholders who believed that he could steer the IEBC through what was expected to be one of the most competitive elections in Kenya’s history.
The 2022 General Election and the Rift Within
However, Marjan’s tenure took a dramatic turn in the aftermath of the 2022 presidential election. While the IEBC had been expected to deliver credible results, internal divisions within the Commission began to surface, ultimately threatening its legitimacy. The schism revolved around the declaration of William Ruto as the winner of the presidential race a decision that was backed by Wafula Chebukati and two other commissioners, Abdi Guliye and Boya Molu.
On the other hand, a faction of the Commission, later dubbed the “Cherera Four,” vehemently opposed the outcome. This group, comprising Vice Chairperson Juliana Cherera and commissioners Francis Wanderi, Irene Masit, and Justus Nyang’aya, openly disputed the results, citing irregularities. Their dissent rocked the Commission and sent shockwaves across the nation. Kenya, once again, found itself embroiled in a political crisis stemming from disputed election results.
Throughout this period of turmoil, Marjan remained conspicuously silent, choosing not to align publicly with either faction. His decision to remain tight-lipped raised eyebrows, with many speculating that he was caught in a difficult position loyal to the Commission but wary of further deepening the divisions. His silence also left many wondering about the future of the IEBC, especially as its leadership structure began to crumble in the wake of the Cherera Four’s public defiance.
A Leader Without Power
In January 2023, Wafula Chebukati, along with Guliye and Molu, retired, leaving Marjan as the sole figure of authority within the IEBC. However, with no commissioners in place to guide the Commission’s decisions, Marjan found himself at the helm of what was effectively a powerless institution. The IEBC Act mandates that the Secretariat, which Marjan heads, is responsible for executing the decisions of the Commission and overseeing its staff. But without a functioning Commission, the IEBC could not fulfill its most critical responsibilities, such as registering voters, delimiting constituencies, and overseeing electoral processes.
Marjan’s role, therefore, became largely administrative. He could supervise the Commission’s staff and ensure compliance with public ethics, but the absence of commissioners meant that the IEBC could not hold by-elections, resolve electoral disputes, or conduct voter education. The situation left Marjan in a precarious position—he was the de facto boss of the IEBC, but without the powers necessary to fulfill its mandate.
Legal Battles and Political Tensions
The challenges facing Marjan and the IEBC were further compounded by legal battles and political tensions following the 2022 election. One of the most prominent cases involved Ruth Kulundu, the Secretariat’s Deputy CEO, who had been accused of misconduct by Marjan. Kulundu was accused of arranging an illegal commission plenary meeting without approval, leading to her interdiction by the IEBC. However, in January 2023, the Employment and Labour Relations Court (ELRC) intervened, suspending the Commission’s decision and ordering her reinstatement. The case highlighted the internal struggles within the IEBC and added to the already fraught atmosphere surrounding the Commission.
Meanwhile, opposition leader Raila Odinga accused President William Ruto of attempting to manipulate the reconstitution of the IEBC to favor his re-election bid in 2027. Ruto was expected to appoint a Selection Panel to recruit new IEBC commissioners, but this move was met with fierce opposition from Odinga and his supporters. The situation escalated into a political standoff, with both sides accusing each other of trying to undermine the integrity of the electoral process.
In response to the growing political pressure, a National Dialogue Committee (NADCO) was formed, bringing together representatives from both the government and the opposition to address the contentious issues surrounding the reconstitution of the IEBC. The discussions were aimed at finding a consensus on how to move forward with the recruitment of new commissioners and ensuring that the IEBC could function effectively ahead of future elections.
The Future of the IEBC
In 2024, President William Ruto signed into law the IEBC Amendment Bill, which sought to overhaul the country’s electoral management system. The bill was intended to streamline the recruitment of new commissioners and strengthen the IEBC’s ability to conduct elections. However, the process of appointing a Selection Panel hit a roadblock when a new legal case was filed challenging the ruling of the Political Parties Disputes Tribunal. This development further delayed the reconstitution of the IEBC, leaving Marjan at the helm of an electoral body that could not perform its essential functions.
As of 2024, Marjan remains the CEO of the IEBC, with his term set to run until 2026. While he is eligible for reappointment, his future and that of the Commission remains uncertain. Political leaders have called for the quick establishment of a fully functional IEBC, emphasizing the need for timely by-elections and a transparent process for resolving electoral disputes. The coming months will be critical in determining whether the IEBC can regain its footing and restore public confidence in its ability to manage Kenya’s elections.
Conclusion
Marjan Hussein Marjan’s tenure as the head of the IEBC has been marked by both promise and peril. While he began his leadership with the hope of building on the work of his predecessors, the internal divisions within the Commission and the political tensions surrounding the 2022 election have left him overseeing a crippled institution. As Kenya looks ahead to future elections, the reconstitution of the IEBC will be a critical issue, and Marjan’s role in navigating this process will be closely watched by both political leaders and the public.
