Law Society of Kenya President Faith Odhiambo has warned that the country is at risk of breaching the Constitution due to a lack of a properly constituted electoral body.
Odhiambo called for concerted efforts to constitute the IEBC, further warning that the political landscape is on the brink of implosion.
“Accordingly, it is incumbent upon the Judiciary to take firm, decisive action to resolve the prolonged dispute between Dr. Augustus Muli and the Azimio la Umoja Coalition,” she said.
She noted that it has been three months since the High Court rendered its judgment in the dispute on the composition of the IEBC Selection Panel.
Odhiambo said vacant positions on the commission following the removal of all four commissioners and expiry of the term for the IEBC chair and two commissioners in early 2023, coupled with the significant delays in reconstituting the electoral agency presents a constitutional and democratic crisis.
“The appointment of IEBC commissioners is an urgent matter that demands immediate attention. We implore the judiciary to expedite the resolution of the pending case on the selection panel of IEBC,” she said.
She said those in leadership should not risk the stability of the nation by delaying thecrucial process any longer.
In a statement to newsrooms, Odhiambo noted that the lack of a commission also hinders strategic planning.
“The IEBC's current strategic plan has lapsed, and a new one is needed to guide the Commission's activities for the upcoming electoral cycle. This is particularly crucial as the country approaches the 2027 election and its Vision 2030 goals,” she said.
She noted that the IEBC is responsible for reviewing constituency and ward boundaries every 8–12 years.
The last review was undertaken in 2012, and the next review was due by March 2024.
“Clearly, we failed to honor that deadline, and without a functioning commission, the delimitation process cannot be completed,” Odhiambo added.
The LSK President further noted that implementation of election technology is stalled.
“The Kenya Integrated Elections Management System (KIEMS), which uses technology for voter registration, identification, and results transmission, needs to be updated and fully operationalised,” she said.