By Francis Orina
Kenya is staring at a possible constitutional crisis due to delays to constitute and operationalize the Independent and Electoral Boundaries Commission (IEBC), two lawyers have said.
Lawyers Danstan Omari and Victor Swanya said the clock is fast ticking towards the 2027 general elections and Kenyans should be worried if IEBC will have time to adequately prepare and conduct the exercise.
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They said that failure to have IEBC at the ready may throw the country into a constitutional crisis in the coming days, particularly if the commission does not “review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years,” according to Article 89 of the Constitution.
The Article further provides that “any review shall be completed at least twelve months before a general election of members of Parliament”
Among other things, the commission is also supposed to ensure civic education, procure requisite sources that are necessary for the conduct of a general elections.
Speaking separately, Omari and Swanya warned that the country can avert this constitutional crisis that might interfere with the electoral calendar by ensuring that IEBC is constituted as required by law.
“There’s a serious constitutional crisis ahead of us because there is no IEBC in place as of now,” Swanya said.
The role that IEBC plays in the country’s electoral system cannot be played by any other institution.
Swanya noted that without the commission, should “in the unfortunate event”, vacancies emerge at the executive, a caretaker government headed by the speaker can only hold office for sixty days, a duration that will not be sufficient to conduct a presidential election.
On his part, Omari pointed out a lack of representation in several wards and constituencies following the demise of leaders who died after they won the seats in the last general elections.
The affected electoral units include Nyamaiya Ward in Nyamira County whose representative, Elijah Osiemo died in a road accident more than a year ago.
Also affected is Ugunja Constituency after President William Ruto appointed Opiyo Wandayi to be the Cabinet Secretary (CS) in charge of Energy.
“We have several electoral areas that have not been represented for several months now and the electorates are missing development and representation at the county assemblies and the National Assembly. Until when shall they wait?” Omari posed.
The formation of the commission has not been devoid of challenges, including a lack of serious commitment from government and the opposition.
Recently, a high court stopped Parliament from sending names of the IEBC selection committee to Ruto for appointment.
On Kenyan police deployment to Haiti, Swaya threatened to move to court to stop the government through the Ministry of Finance and Planning “from paying soldiers deployed there without Parliament approval.”
He added that the Kenyan government should have received money from the other nations that it claims supported the deployment before dispatching her police to the Caribbean country.
