Senior IEBC official struggles to explain inability to register candidates for election, despite clearing Kindiki as DP

The Independent Electoral and Boundaries Commission (IEBC) Director of Legal Services Chrispine Owiye says the body as currently constituted cannot register candidates for an election.

Speaking during Citizen TV’s ‘Tonight’ show on Thursday night, the advocate appeared to fumble his words on the role of the IEBC in registering or processing candidates for an election.

Tasked by the show host Sam Gituku to shed light on why the commission had not processed candidates for the position of Members of the County Assembly (MCAs) or Members of Parliament (MPs) to fill out vacant positions in the country despite clearing the path for Prof. Kithure Kindiki to be appointed as Deputy President, Owiye stated that it was outside their mandate.

“As it is, processing of candidates for an MCA position is conducting an election and therefore because article 88 (4) is very clear, on the mandates, and that is one, registration of candidates for election, it is a preserve of the commission…(which is the) commissioners,” said Owiye.

“We cannot register candidates for an election; it is a preserve for commissioners.”

His response only led to more questions from Gituku who then wondered how IEBC CEO Hussein Marjan Hussein, who was also in the panel, had insisted that DP Kindiki’s clearance was lawful.

Marjan had earlier said: “What we did was in accordance with the law. For something that is being discussed in court, it will be very unfair for it to be discussed.”

Gituku then asked lawyer Owiye: "I am not asking you to talk about what is in court but what the CEO confirmed that the commission did whatever it did in the law, so that can be done without offending the law, but you cannot nominate candidates for an MCA seat?"

The IEBC Legal Services boss however appeared to shy away from the DP issue, instead reiterating that: "I don’t want to go there, I stated very clearly…we cannot register candidates. The current commissioners already constituted cannot register candidates for MCA seats. We cannot register candidates for an election unless we have commissioners in post.”

The remarks by the electoral body officials come even as about 10 MCA positions in the country remain vacant, with the IEBC unable to hold by-elections due to the absence of commissioners.

The electoral body has had no commissioners for two years before President William Ruto on Monday appointed members of the selection panel tasked with recruiting the IEBC team.

The panel constitutes; Prof. Adams Oloo, Dr. Nelson Makanda, Fatuma Saman, Amb. Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Carolene Kituku and Linda Kiome Gakii.

The appointment came after the High Court on Friday paved the way for President Ruto to appoint the panel after a petition challenging the constitution was thrown out.