SAM’S SENSE: Protect the IEBC

This week on My Sense, I’m talking about trust. And more specifically — trust in the Independent Electoral and Boundaries Commission, the IEBC.

Two weeks ago, President William Ruto nominated seven individuals to serve as IEBC commissioners, pending parliamentary approval. But this week, the High Court issued an order pausing the process at least until the 29th of May, when further directions will be issued.

Now, It is every Kenyan’s right to challenge a process they believe is flawed. That’s what the courts are for. And the petitioners will have their day in court.

But there is another court — the court of public opinion.

And in that court, some politicians are already on the attack. Questioning the character of the nominees. Calling them friends-of-friends; politically connected, and so on.

Now, maybe that’s true. Political appointments often come with political relationships. And let’s be honest — some of the very politicians making these accusations have, in the past, benefited from similar connections — proudly declaring their ties as unbreakable bonds. But we know how fleeting political friendships can be. Just ask anyone who has had a public falling-out with a former ally — including this very week.

But here’s the issue.

The IEBC isn’t just another boardroom. It’s not about friendships. It’s the referee of our democracy.

The IEBC is too important to be left to the shifting loyalties and ambitions of politicians. Remember: these are competitors first — individuals driven by personal ambition: from MCAs all the way to the President. Their aspirations, while often wrapped in the language of public service, are deeply personal. And given a choice between winning or losing? Well, we know what they’d choose.

Yet over 50 million Kenyans deserve something greater — a stable nation that endures beyond the ambitions of the political elite. The fear of losing an election should never overshadow the purpose of the Constitution.

Politicians have a duty to uphold and protect institutions, not undermine them before they even begin to function. To attack a commission before it is even fully constituted is a disservice to the country.

Yes, there’s a perception that justice in court is hard to come by. That public memoranda presented to Parliament are often dismissed. Maybe there’s truth to that, based on recent patterns since October 2022. Still — that is the Constitution.

But if the political class takes these matters to the court of public opinion, what exactly are they asking Kenyans to do? What do they expect Njenga from New Mukuru Estate to do? What about Kerubo from Bobasi?

Article 38(2) of the Constitution is clear, that: “Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors.”

But with rights come responsibilities. First, to the IEBC itself — to act as a truly neutral referee. Even as they await new commissioners, the institution has a responsibility to restore public trust, which has been chipped away over time.

When the new commissioners finally take office, they must embody independence. The “I” in IEBC must stand for something — true institutional INDEPENDENCE.

Yes, the recruitment process may have had political undertones. The composition of the selection panel, and possibly even the final seven names, might reflect that.

But independence is not just about how people are picked — it's about how they behave in office. Independence must not only be done — it must be seen to be done.

So to the political class: you have a duty. Don’t poison the well before the water even starts to flow. If there are genuine concerns, raise them constructively — not just for the headlines.