Don’t fear elections, let IEBC be reconstituted: Mudavadi tells critics

Prime Cabinet Secretary Musalia Mudavadi has warned that the delay in the reconstitution of the Independent Electoral and Boundaries Commission (IEBC) is impacting negatively on the electoral cycle and activities in the country.

Mudavadi said there is a section of politicians colluding with proxies through the courts to further delay the process.

“We are our own enemies at times when we push such serious agenda so far,” said Mudavadi, who is also the Foreign Affairs CS.

The High Court on Monday halted the planned vetting of the nominees by Parliament for the position of the Chairperson and members of the electoral body citing alleged legal missteps by the President and the selection panel.

“The individuals seeking these positions were interviewed in broad daylight and Kenyans watched the live proceedings on TV, everything was in public. Kenyans can single out who fits and who doesn’t fit. Kenyans know who performed well and who didn’t perform well,” argued Mudavadi.

“The selection panel made a decision and Parliament had already issued a notice calling on Kenyans to submit any material information that may prove otherwise for those who might be deemed unfit. This is a process and if there is any piece of information that makes it impossible for any candidate not to qualify, Parliament was ready to handle the same.”

The Prime CS noted that slowing down the process will have a negative impact on the constitutional timelines arguing that the steps taken so far had set an enabling ground for the finalization of the process.

He said some individuals are colluding and operating in fear of an election with the full details of the alleged legal missteps remaining under judicial review.

“Let Kenyans forward any evidence they might be holding. This is a process step by step but we are seeing people who are now getting worried and their end game is to delay the process and consequently delay the elections,” noted Mudavadi.

“These individuals went to court when the first process was started. They said they wanted a conversation and subsequently a dialogue was held. The same people are back in court and it is clear that you cannot have an IEBC of all the 42 or 43 Kenyan tribes or communities.”

He added: “If we were all to pull to our corners, the Constitution will not allow us to have 43 commissioners, it has a limit. You will never have all communities represented in the same IEBC at the same time it will be against the law. Watu wawache kuogopa uchaguzi.”

The Prime CS was speaking in in Chegulo ward, Malava Constituency in Kakamega County, at the burial of Mzee Mwalimu William Lumati, father to the newly installed Cooperative University Chancellor, Dr. Benard Chitunga.

He noted that there are constituencies and wards in Kenya that have not had elective representation for months now and the new IEBC was to quickly fix the by-elections for all these areas.

Mudavadi pointed out that Kenyans in the affected wards and constituencies are now being denied their constitutional representation rights through the occasioned delays in the reconstitution of the IEBC.

“This is a disservice to those Kenyans who need to exercise their democratic right by electing new representatives for their respective areas. We have counties that lost a Senator, those people need that position filled,” he said.

“Let us stop this joke and attributes of satisfying selfish interests at the expense of millions of Kenyans. Tuwache huo mchezo, IEBC iundwe, ifanye kazi yake watu kama hawa wa Malava wapate kiongozi wao mpya, wapate maendeleo.”

The reconstitution of IEBC follows a specific process outlined in the IEBC Act and Article 250 of the Constitution. The process involves appointing a chairperson and six other members, with the chairperson being a person qualified to hold the office of a Supreme Court judge.