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Justice Lenaola criticises state for failure to constitute IEBC

Without Commissioners, many activities cannot take place, including holding of by-elections at all levels.

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by BRIAN ORUTA

Realtime06 December 2024 - 14:34
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In Summary


  • Lenaola said he does not understand how MPs can continue to pass laws on other subjects while ignoring the most important one.
  • He questioned how Kenya can continue to operate without Commissioners at the electoral body.

Justice Isaac Lenaola/SCREENGRAB


Justice Isaac Lenaola has criticised the government and the opposition for failure to appoint the Independent Electoral and Boundaries Commission (IEBC).

Speaking on Thursday at the Regional Conference on the use of AI, Digital and Social media in elections in Kenya, Lenaola said he does not understand how Members of Parliament can continue to pass laws on other subjects while ignoring the most important one.

He questioned how Kenya can continue to operate without Commissioners at the electoral body.

He noted that this is despite elections being just three years away.

Lenaola questioned how much time the commission will have should it be constituted, to prepare for the 2027 general elections.

“I am one of those Judges who are not limited in expressing my mind. I speak my mind. Mtanipeleka wapi? si Manyata ni hapa Samburu. I don’t understand why we are busy passing legislation very quickly on other subjects that are politically important but we don’t look at what is extremely important for this country.

“For example the Electoral Commission, how can a country like ours stand on her feet if we do not have an electoral commission? Elections are in 2027, this is 2024, when will this commission be prepared?” he posed.

Justice Lenaola further stated that the appointment of IEBC Commissioners has been stalled by the unwillingness of the opposition coalition to appoint a representative to sit on the selection panel.

He reiterated that such issues must not hold the country hostage.

“Why is IEBC not being reconstituted? Because Azimio can’t appoint their representative to the panel. Is that something to hold a country hostage for two years?”

The Judge noted that Kenyans can use social media to impact legislations by mobilising through hashtags.

“But why don’t we use social media to impact on legislation? Why don’t we have a hashtag 'Appoint IEBC Now' and spread it? Those who have an opportunity will actually follow it.”

The IEBC has been without Commissioners since the resignation of the 'Cherera four' and the end of tenure of the three Commissioners including former chair Wafula Chebukati.

Without Commissioners, many activities cannot take place, including holding of by-elections at all levels.

Issues to do with boundaries cannot also be addressed.

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