Following Supreme Court Judge Isaac Lenaola's call for the urgent reconstitution of the Independent Electoral and Boundaries Commission (IEBC), Kenyans flooded social media with the hashtag #AppointIEBCNow, making it the top trending topic on the X platform for the entire day.

Despite public outcry, the process of reconstituting the IEBC may not begin until January 2024 due to legal hurdles. Two court cases are delaying the nomination of members to the IEBC selection panel.

Legal Challenges

1. Kiambu High Court Case:

Boniface Njogu filed a petition in October challenging the panel's composition for lacking representation of persons with disabilities, citing Articles 10 and 54(2) of the Constitution. The court has issued conservatory orders halting the panel’s appointment until the matter is resolved, with a judgment expected on January 25, 2024.

2. Court of Appeal Dispute:

A tussle within the Azimio la Umoja One Kenya coalition has further delayed the process. Augustus Kyallo Muli is contesting the nomination of Ambassador Koki Muli as the minority party's representative, claiming he was unfairly overlooked. The case remains unresolved, adding another layer of complexity.


Panel Composition

All other nominating bodies have finalized their representatives for the nine-member selection panel:

• Political Parties Liaison Committee:

o Nicodemus Bore (Kenya Kwanza Coalition).

o Evans Misati (non-parliamentary parties).

o Azimio is yet to resolve its internal dispute.

• Inter-religious Council:

o Dr. Nelson Makanda.

o Fatuma Saman.


• Institute of Certified Public Accountants:

o Andrew Kipkoech.

• Law Society of Kenya:

o Carolene Kituku.

• Parliamentary Service Commission:

o Lynda Koome (UDA).

o Prof. Adams Oloo (ODM).

Background

The IEBC has been without commissioners since March 2023, following the resignation and term expirations of its members. The last remaining commissioner, Irene Masit, was forced out.

Justice Lenaola criticized the delays, questioning why disputes within Azimio have stalled the panel's formation. “Is this a valid reason to hold the country hostage for two years?” he asked.

Until the panel is constituted, the process of recruiting new IEBC commissioners cannot proceed, leaving a critical electoral body nonfunctional.