The negotiations between Kenya Kwanza and the coalition party Azimio la Umoja One Kenya under the pretext of a political ceasefire have revealed the constitutional void that the High Court's decision to mandate the prompt appointment of new IEBC Commissioners created.
Judge Mugure Thande of the High Court ruled that the political ceasefire did not supersede the Constitution.
According to constitutional lawyers, the nation is facing a constitutional crisis because the IEBC is supposed to begin and finish delineating borders by the end of this month.
Justice Thande has instructed thetice Thande has instructed the uickly and appoint new Commissioners, including their Chair.
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After the bipartisan discussions were established, the process was placed on pause. Kenya Kwanza and Azimio led the talks teams that were tasked with finding the best way to replace the Commissioners who had been fired and retired, among other things.
In her opinion, Justice Thande said that the bipartisan negotiations are unfounded in either the law or the Constitution, which makes the court's intervention all the more appropriate.
The ruling by the High Court was the result of a lawsuit filed by Adan Mohamed, who alleged that the rights of constituents who were to hold by-elections—such as Banisa Constituency, following the MP's death in March of last year—had been violated by the inability to appoint IEBC Commissioners promptly.
Political commentators contend that permitting the IEBC to dissolve without establishing a framework for electing new commissioners was a poor decision.
"The boundaries review is required to be done after 10 years, not later than 12 years, this expires in March...there will be a lacuna...there are constituencies that will cease to exist," stated Mathare MP Anthony Oluoch.
Following the boundary revision, some constituencies that had been ring-fenced for the time being were to dissolve.
In its borders review plan, the IEBC raised the population limit from 133,000 to 164,015 on June 23. At that time, the population was 47.5 million, distributed among the 290 designated constituencies.
MP Oluoch stated, "Those constituencies—there were about thirty, like Othaya, Ndaragwa, and several others—will be difficult to allocate even CDF to them."
