With elections over, what next for fractured IEBC as Chebukati term nears end?

The decision by the Supreme Court of Kenya to uphold the election of William Ruto as the President of Kenya also marked the last General Election that Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati is overseeing.

Chebukati was appointed to head the commission in January 2017 after his nomination in 2016 December and subsequent vetting by parliament.

His 6-year tenure as the IEBC chair will come to an end in January 2023 as stipulated in the Independent Electoral and Boundaries Commission Act of 2011.

While announcing the results of the 2022 Presidential election results at the Bomas of Kenya, Chebukati remarked that it would be his last, wishing his successors well.

“I have done my duty in accordance with the constitution and the laws of the land. I feel proud that I have been given this opportunity to serve Kenyans. This of course will be my last election to preside over. And for those who will come, we have prepared for you what the constitution envisioned – an independent electoral commission,” he said.

Come January 2023, Chebukati will retire alongside commissioners Abdi Yakub Guliye, and Boya Molu, who will have also completed their 6-year tenure at IEBC.

The Independent Electoral and Boundaries Commission Act, 2011 stipulates that;

(1) The members of the Commission shall be appointed for a single term of six years and shall not be eligible for re-appointment.

(2) The members of the Commission shall serve on a full-time basis.

(3) The Commission shall be properly constituted notwithstanding a vacancy in its membership.

Under Wafula Chebukati, the commission has been occasioned by major splits in the 2017 and 2022 elections.

In 2017, Commissioner Roselyn Akombe called it quits with the electoral body, and fled out of the country just 7 days before the repeat presidential election. She said that IEBC was under a political siege, and was unable to reach consensus or take any decisions.

Months later, in April 2018, commissioners Connie Nkatha Maina, Margaret Mwachanya and Paul Kurgat also resigned from the polls body, citing lack of faith in Chebukati’s leadership.

This was followed by a dismissal letter delivered to the then IEBC CEO Ezra Chiloba in October 2018.

Their exit paved way for appointment of a new CEO and commissioners, to make IEBC a properly constituted body before heading to the August 2022 General Election.

In September 2021, President Uhuru Kenyatta appointed Juliana Cherera (Vice chair), Irene Masit, Justus Nyang’aya and Francis Wanderi as commissioners of IEBC.

In March 2022, the commission announced the appointment of Hussein Marjan as its Secretary and CEO.

With the new and old commissioners on board, IEBC similarly witnessed a split minutes before announcing the results of the 2022 presidential election.

On August 15, the newly appointed four commissioners led by Juliana Cherera distanced themselves from the tally which showed William Ruto won the presidency.

They would term Chebukati’s process as opaque, and filed sworn affidavits at the Supreme Court to challenge the presidential results.

However, after the Supreme Court upheld Ruto’s election on Monday, September 5, Chebukati affirmed that the commissioners would not be victimised.

"As a commission, we followed the law, and it's up to them and their conscience on what they wanted to do going forward. We have not chased away anyone," he said.

What followed was a statement from the four disgruntled commissioners who said they respect the Supreme Court’s decision and “agree with Chebukati’s statement.”

"We also state that we agree with the statement of the chairperson of the commission which was sent to the media yesterday,” they said.

IEBC four tenure

As Wafula Chebukati, Boya Molu and Abdi Guliye’s tenure will mark its end in January 2023, the faction consisting of Juliana Cherera, Irene Masit, Justus Nyang’aya and Francis Wanderi will still be holding office – constitutionally.

This is unless they are dismissed when a new electoral body is formed to preside over the 2027 General Election.