Orange Democratic Movement (ODM) Deputy Party Leader Godfrey Osotsi has expressed urgent concerns regarding the protracted delays in reconstituting the Independent Electoral and Boundaries Commission (IEBC).
Speaking in an interview with The Standard, Osotsi identifies the Judiciary as a considerable barrier to establishing an effective electoral body and suggests that unnamed entities might be intentionally obstructing the reconstitution process to delay the impending 2027 General Election, labelling the situation as a “disaster.” Osotsi articulated that the IEBC’s importance extends beyond its Secretariat to its role as a decision-making body.
He questions the rationale behind judicial actions that hinder the formation of the IEBC, urging the Chief Justice and her team to reflect on the broader ramifications of their decisions on the nation’s political climate. The current dilemma is exacerbated by the High Court’s recent nullification of the IEBC (Amendment) Act of 2023, which was intended to establish a selection panel for the commission.
This ruling has left the eight-member selection panel in a precarious position. However, Parliament clarifies that the ruling does not affect the IEBC panel, noting that the IEBC Act was amended in 2024 to incorporate recommendations from the National Dialogue Committee regarding the panel’s composition. Concerns about the electoral body’s status have also been raised by Supreme Court Judge Isaac Lenaola, who warns that continued delays put the country at risk of a crisis surrounding the 2027 General Election.
The terms of former IEBC Chairman Wafula Chebukati and Commissioners Abdi Guliye and Boya Molus ended in January 2023, while additional commissioners either resigned or were removed in the wake of the 2022 elections. Osotsi highlights the challenges of governing without a functioning electoral commission, emphasizing the urgency of addressing this issue.
Aligning with Osotsi’s perspective, Wiper Democratic Movement (WDM) leader Kalonzo Musyoka criticizes the ongoing delays and affirms that the Azimio coalition had complied with the necessary timelines to submit a candidate for the selection panel. Musyoka further alleges that the government has attempted to disrupt the process through a court case involving National Labour Party member Augustus Kyalo.
