New IEBC commissioners face acid test ahead of 2027 elections
The new Independent Electoral and Boundaries Commission (IEBC) commissioners are racing against time to deliver the 2027 General Election, and perhaps by-elections.
The team, chaired by Erastus Ethekon, has its work cut out due to the numerous pending obligations which they must constitutionally execute before the next polls.
Among the top priorities that await the team are 22 pending by-elections (six MP seats, one Senate seat, and 15 MCA), as well as the registration and verification of voters. The positions fell vacant as a result of deaths, nullified results, and Cabinet appointments.
The Commission is also expected to give directions on the much-awaited boundary delimitation in line with Article 89(2) of the Constitution, step up voter education, and procure essential election materials. The deadline for the important delimitation of boundaries, however, lapsed.
Speaking to The Eastleigh Voice, political observer Samuel Owida said the commissioners need support and goodwill from political players and all Kenyans.
"The work they have in their hands is delicate and means a lot to the future and stability of the country. They therefore need full support of Kenyans and even the political leadership of the country," said Owida.
According to Owida, the planning and preparations for the 2027 general elections should have taken off immediately after the conclusion of the 2022 polls.
"To have in place an independent, respected, and competent commission demands a fully-fledged agency whose work speaks of integrity, justice and equity, and is not parochial nor biased," Owida notes.
The commissioners will also oversee the deployment of electoral infrastructure and technology, which has been the centre of every presidential dispute in the Supreme Court. Kenya′s Election Act 2011 allows the Commission "to use such technology as it considers appropriate in the electoral process".
Meanwhile, key technology-based interventions employed during elections, such as the Kenya Integrated Election Management System (KIEMS) kits and the Biometric Voter Registration System (BVRS) kits, need to be replaced to incorporate the latest technologies.
Governance expert Kennedy Wanyoike argues that having been sworn in with a limited time before elections, they will most likely suffer poor induction and a shorter timeframe to undertake stakeholder engagement and electoral advocacy.
The Elections Act No. 24 of 2011 mandates the IEBC in Sections 6, 6A, 8 and 8A to undertake an inspection of the register of voters, verification of biometric data, updating of the register of voters and auditing of the register of voters.
"None of these anticipated activities have taken place since the last general election, and this remains an indication of probable intense dispute come the general elections of 2027," observes Wanyoike.
Former Kenyatta International Conference Centre (KICC) board chairman Irungu Nyakera recently warned that 27 constituencies could end up scrapped if the review process is not undertaken.
Speaking on April 27, Nyakera said, "If the issue is not resolved soon, some constituencies might legally cease to exist and this would mean no members of parliament for the regions in the 2027 general elections."
The 27 constituencies were created in 2010 under a special exception as they had not met the required population threshold under Article 89(6) of the Constitution.
The affected constituencies are Samburu North, Igembe North, Igembe Central, Igembe South, Kuria East, Kuria West, Teso North, Teso South, Turkana East, Turkana North, Bura, Galole, Lamu West, Lamu East, Mvita, Voi, Wundanyi, Mwatate, Mbeere North, Isiolo North, Isiolo South, Marakwet East, Keiyo North, Keiyo South, Samburu East, North Horr and Moyale.
The year 2024 marked the 12-year threshold that constitutionally compelled the IEBC to carry out the delimitation process.
In the 2012 scenario, the law required the IEBC to carry out a boundary review by March 2024. Following uncertainty as the date drew closer, the IEBC secretariat moved to the Supreme Court in February 2024.
The Hussein Marjan-led team sought guidance on whether they could do the review without commissioners and outside the set timeline. The apex court is yet to issue direction.
The team, chaired by Erastus Ethekon, has its work cut out due to the numerous pending obligations which they must constitutionally execute before the next polls.
Among the top priorities that await the team are 22 pending by-elections (six MP seats, one Senate seat, and 15 MCA), as well as the registration and verification of voters. The positions fell vacant as a result of deaths, nullified results, and Cabinet appointments.
The Commission is also expected to give directions on the much-awaited boundary delimitation in line with Article 89(2) of the Constitution, step up voter education, and procure essential election materials. The deadline for the important delimitation of boundaries, however, lapsed.
Speaking to The Eastleigh Voice, political observer Samuel Owida said the commissioners need support and goodwill from political players and all Kenyans.
"The work they have in their hands is delicate and means a lot to the future and stability of the country. They therefore need full support of Kenyans and even the political leadership of the country," said Owida.
According to Owida, the planning and preparations for the 2027 general elections should have taken off immediately after the conclusion of the 2022 polls.
"To have in place an independent, respected, and competent commission demands a fully-fledged agency whose work speaks of integrity, justice and equity, and is not parochial nor biased," Owida notes.
The commissioners will also oversee the deployment of electoral infrastructure and technology, which has been the centre of every presidential dispute in the Supreme Court. Kenya′s Election Act 2011 allows the Commission "to use such technology as it considers appropriate in the electoral process".
Meanwhile, key technology-based interventions employed during elections, such as the Kenya Integrated Election Management System (KIEMS) kits and the Biometric Voter Registration System (BVRS) kits, need to be replaced to incorporate the latest technologies.
Governance expert Kennedy Wanyoike argues that having been sworn in with a limited time before elections, they will most likely suffer poor induction and a shorter timeframe to undertake stakeholder engagement and electoral advocacy.
The Elections Act No. 24 of 2011 mandates the IEBC in Sections 6, 6A, 8 and 8A to undertake an inspection of the register of voters, verification of biometric data, updating of the register of voters and auditing of the register of voters.
"None of these anticipated activities have taken place since the last general election, and this remains an indication of probable intense dispute come the general elections of 2027," observes Wanyoike.
Former Kenyatta International Conference Centre (KICC) board chairman Irungu Nyakera recently warned that 27 constituencies could end up scrapped if the review process is not undertaken.
Speaking on April 27, Nyakera said, "If the issue is not resolved soon, some constituencies might legally cease to exist and this would mean no members of parliament for the regions in the 2027 general elections."
The 27 constituencies were created in 2010 under a special exception as they had not met the required population threshold under Article 89(6) of the Constitution.
The affected constituencies are Samburu North, Igembe North, Igembe Central, Igembe South, Kuria East, Kuria West, Teso North, Teso South, Turkana East, Turkana North, Bura, Galole, Lamu West, Lamu East, Mvita, Voi, Wundanyi, Mwatate, Mbeere North, Isiolo North, Isiolo South, Marakwet East, Keiyo North, Keiyo South, Samburu East, North Horr and Moyale.
The year 2024 marked the 12-year threshold that constitutionally compelled the IEBC to carry out the delimitation process.
In the 2012 scenario, the law required the IEBC to carry out a boundary review by March 2024. Following uncertainty as the date drew closer, the IEBC secretariat moved to the Supreme Court in February 2024.
The Hussein Marjan-led team sought guidance on whether they could do the review without commissioners and outside the set timeline. The apex court is yet to issue direction.
IEBC
IEBC (Amendment) Act
2027 general election
Erastus Ekethon
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Marjan Hussein Marjan
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