IEBC CEO blames court delays for paralysis in electoral processes

In a session before the Public Petitions Committee, IEBC CEO Marjan Hussein Marjan explained that the commission has been in a state of paralysis for nearly two years due to two major legal cases. One is a petition still pending at the Supreme Court, and the other is a case before the Kiambu High Court, both of which have left the commission unable to proceed with its constitutional duties.

Marjan emphasized that the IEBC has been waiting for an advisory from the Supreme Court since July. The advisory is crucial to determining whether the commission can proceed with conducting the delayed by-elections and the boundary delimitation process, which was originally supposed to be concluded by March 2024.

“We are still waiting for the Supreme Court to tell us whether we can move forward with the delimitation process as a secretariat,” Marjan said. “A bench has already been set to look at this matter.”

In addition to the Supreme Court case, the Kiambu High Court is currently handling a petition filed by Boniface Njogu, who is challenging the constitution of the IEBC selection panel. 

Njogu argues that the panel lacks adequate representation of persons living with disabilities. A ruling from Judge Dorah Chepkwony last month temporarily halted the process of forwarding the names of the selection panel members to the President until the matter is heard and determined.

Marjan added that the IEBC has recommended that the process of recruiting new commissioners be fast-tracked to enable the commission to discharge its constitutional duties, including the delimitation of constituency and ward boundaries.

The delay in the reconstitution of the IEBC has left 11 electoral units, including Banisa, Magarini, and Ugunja constituencies, without representation in Parliament. 

Several wards have also been without elected representatives for over a year. These delays have caused frustration among lawmakers, who have urged the judiciary to expedite the legal processes.

Senate Majority Leader Aaron Cheruiyot called on the Chief Justice to fast-track the process so that affected communities can regain representation. Similarly, Senate Minority Leader Stewart Madzayo highlighted the dire situation in Magarini, where constituents are demanding their right to representation.

According to Article 89(2) of the Constitution, the IEBC is required to review constituency and ward boundaries at least once every eight years, but no later than twelve years. The review must be completed at least 12 months before a general election. 

The delay in completing the delimitation process could have significant implications for the next general election.

At the same time, the IEBC clarified that there would be no change to the transmission of presidential election results, contrary to recent claims that there are plans to curtail the same through the Election Amendment Bill of 2024.

Christine Owiye, the Director Legal Services at IEBC assured the public that results will still be transmitted live, but emphasized that the transmitted results will not serve as the final basis for determining the presidential winner.

"As things stand the presidential election results will be transmitted live. What the court stopped was that the transmitted results will not be used as the basis of the presidential election results," she said.