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Mudavadi: Constituting IEBC early is key to seamless election

Says absence of properly constituted commission poses a huge risk to democracy

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by BRIAN ORUTA

News27 September 2023 - 12:55
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In Summary


  • • “The immediate worry is that the Commission will lag behind in preparing for the 2027 elections."
  • • He insisted that the country requires a constitutional transformation that will promote a seamless electoral management process.
Prime Cabinet Secretary Musalia Mudavadi speaking during the Electoral Law and Governance Institute for Africa (ELGIA) consultative workshop on post-election electoral law reform agenda, in Nakuru on September 27, 2023.

Prime Cabinet Secretary Musalia Mudavadi has said that necessary electoral laws and early reconstitution of the Independent Electoral and Boundaries Commission will contribute to having a flawless election in 2027.

Speaking on Wednesday, Mudavadi said that the absence of a properly constituted electoral commission poses a huge risk to the country’s democracy.

He insisted that the country requires a constitutional transformation that will promote a seamless electoral management process.

Given the dynamic nature of Kenya’s political and socio-economic landscape, he said it is necessary that discussion on electoral law reforms begins immediately and that enactment of necessary electoral laws be done at least 12 months before the 2027 General Elections.

“The immediate worry is that the Commission will lag behind in preparing for the 2027 elections," Mudavadi said.

"Cumulatively, delay will slow progress in the constitutionally mandatory boundaries delimitation, preparation for mass voter registration process, therefore, a new Voter Register considering the delimitation and general preparedness for the 2027 election.

“Conversation in this conference should complement any other processes in place, including the national dialogue by the National Dialogue Committee (NADCO), and the process for recruitment of new commissioners. You should provide concrete recommendations.”

The Prime Cabinet Secretary made the remarks in Nakuru during the Electoral Law and Governance Institute for Africa (ELGIA) consultative workshop on the post-election electoral law reform agenda, in Nakuru.

Similarly, he stated that the lack of significant changes to Electoral Laws in the 2017-22 election cycle should also be addressed.

He noted that though recommendations were made, only late changes through the Political Parties (Amendment) Act, which were more political than transformative were effected.

“The last comprehensive review of our Electoral Law was in 2016 by the joint Committee led by Governor James Orengo and former Governor Kiraitu Murungi while serving in the Senate. The changes directly impacted the 2017 election and largely influenced the Supreme Court’s decision in the incidental Presidential Election Petition,” he said.

Mudavadi urged that discussions should be made on the different electoral legislation, in the previous years.

He said the boundaries delimitation law lapsed with the first delimitation exercise conducted in 2012.

“We are therefore living a dangerous lapse of judgement. My Office considers these as priority legislations for reintroduction in Parliament for enactment. They are quick wins to create momentum for necessary electoral law reform,” Mudavadi said.

The PCS said it is also time to decisively deal with the cyclic violence that afflicts the country during and after elections.

Mudavadi insisted that the solution lies in Kenyans’ duty to abide by the Constitution, which provides adequate safeguards for free and fair elections.

He said elections may be a make-or-break moment, but they should never be a do-or-die moment that destroys the country.

“If full consolidation of constitutional transformation is to be realized, we must be honest there are real challenges that need addressing to make subsequent election circles trouble-free ones,” said Mudavadi.

For this to happen, he stated that the country requires goodwill and commitment of all stakeholders involved in the electoral process.

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