The selection panel for recruitment of commissioners of the Independent Electoral and Boundaries Commission is yet to convene its first meeting nearly a week after President William Ruto appointed its members.
No explanation has been given for the team’s inability to hit the ground running, despite public anxiety about its timelines and already delayed planning for the next election.
This delay comes despite urgent public calls to expedite the process of reconstituting the IEBC, which is crucial for the 2027 elections.
Emerging reports indicate two members of the hiring panel have not yet taken their oath of office, sparking uncertainty about when they will officially join the panel.
Carolyne Kituku, nominated by the Law Society of Kenya, and Fatuma Saman from the Interreligious Council of Kenya, are the two members yet to sign the necessary declarations.
On Monday, seven out of the nine appointed panelists took their oaths in a ceremony led by Chief Justice Martha Koome.
Those sworn in include Lindah Gakii and Adams Oloo, nominated by the Parliamentary Service Commission, as well as Evans Misati, Nicodemus Bore, and Koki Muli, representing the Political Parties Liaison Committee. Andrew Kipkoech from ICPAK and Nelson Makanda of the Interreligious Council of Kenya were also sworn in, yet the panel remains inactive.
The first task for the panel is typically to elect its chairperson and the deputy chairperson, which would set the groundwork for the recruitment process.
The leadership is critical for signing invitations to applicants vying for the positions of IEBC chairperson and commissioners. However, time is of the essence, as the panel must establish a functioning commission within 90 days—by April 27— heightening the anxiety surrounding the current delay.
Currently, the IEBC lacks commissioners, a gap that hampers its ability to conduct by-elections, delimit boundaries, and manage significant procurements.
Elections in the constituencies of Ugunja, Magarini and Banisa, along with several wards, cannot proceed without a fully constituted commission.
A report from the IEBC secretariat indicated that voter registration processes are also affected, raising concerns that the commission may enter another election cycle unprepared.
The previous selection panel faced disruption after protests from the Azimio coalition led by former Prime Minister Raila Odinga, who boycotted the panel and did not appoint representatives.
This led to public protests and subsequent amendments to the law governing the hiring panel’s structure. After successfully amending the law, a lengthy court battle ensued, as members of the Azimio coalition debated who should represent them on the panel.
With elections approaching in less than two and a half years, experts stress that time is crucial.
A source familiar with the situation revealed to the Star that the election of the hiring panel’s chair cannot proceed without all members present.
“While we aim to meet the public’s expectations for a swift formation of the IEBC, many issues remain unresolved,” the official stated.
“We hope to clarify everything by Friday to alleviate the anxiety stemming from this delay.”
Polling experts have expressed concern over the “twists and turns” of the selection process, particularly given the tight timelines for establishing a functioning IEBC.
Elog National Coordinator Mule Musau commented, “I don’t see why the seven panelists cannot move quickly, considering this is a time-bound process. Any delay is a ticking time bomb.”
As of now, the panel has yet to convene its inaugural meeting to elect its leadership and initiate the recruitment process.
The Parliamentary Service Commission, tasked with facilitating the panel’s work, has confirmed that all necessary resources have been provided.
“PSC understands its mandate regarding the panel’s operations. We have ensured funding, a secretariat, and facilities are in place,” the PSC secretary/CEO Jeremiah Nyegenye explained.
He further noted that the panel operates autonomously in determining its schedule and action plan.
In a recent statement, National Assembly Speaker Moses Wetang’ula cautioned against further delays, highlighting that it could complicate key timelines related to the 2027 elections.
He emphasised that boundary delimitation is among the processes likely to be jeopardized by the protracted formation of the IEBC.
The IEBC Act stipulates that the selection panel has seven days from its formation to invite applications from qualified candidates.
It is also required to publish the names and qualifications of all applicants in the gazette and in two newspapers of national circulation, as well as on Parliament’s website. With the timeline set to lapse on Monday, the panel risks missing its deadline before even convening.
Once the panel meets, it will review applications, create a shortlist, and conduct public interviews for the candidates.
The goal is to select two individuals qualified to serve as chairperson and nine others for the commission.
The President will then nominate one person for the chairperson role and six for the commission members. Following this, the list of nominees must be forwarded to the National Assembly for approval within seven days.
The recent appointments followed a court ruling on January 24, which dismissed a petition that sought to block the selection panel. Kiambu High Court judge Dora Chepkwony ruled against the petition, which argued that the list excluded individuals with disabilities.
Political analysts suggest that since many panel members previously served before their tenure was interrupted, they should be able to proceed quickly.
Notably,
Makanda was the chairperson of
the defunct panel and has been
reappointed, along with members
Misati, Saman, and Bore.
