The stage is set for a constitutional showdown as civil society organizations in Kenya gear up to sue the Independent Electoral and Boundaries Commission (IEBC) Selection Panel over their prolonged tenure. The Nelson Makanda-led committee, tasked with reconstituting the electoral body, has been operating for over six months without delivering on its mandate, raising concerns about accountability and the integrity of the electoral process.
Leading the charge are Uchaguzi Platform and the Elections Observations Group (ELOG), who argue that the Selection Panel’s failure to constitutionally reconstitute the IEBC has subjected the nation to uncertainty and undermined democratic representation. Musau Mulee, the ELOG boss, has sounded the alarm, citing the case of Banisa Constituency, which has been without parliamentary representation since the demise of MP Maalim Kullow in March last year.
The civil societies’ legal consultant, Steve Ogolla, has also challenged the constitutionality of the National Dialogue Committee (NADCO) report, which is currently before Parliament. Ogolla alleges that the report contains numerous constitutional gaps that must be addressed before implementation, raising concerns about the potential erosion of constitutional principles.
According to the Constitution of Kenya, the IEBC Selection Panel is mandated to conduct the recruitment and appointment process for the Independent Electoral and Boundaries Commission within a reasonable timeframe. However, the constitution does not specify a definite duration for the panel’s term, leaving room for interpretation and potential legal challenges.
Constitutional experts have weighed in on the matter, with some arguing that the Selection Panel’s prolonged tenure violates the spirit of the constitution, which emphasizes the need for a functional and impartial electoral body to safeguard the integrity of the democratic process.
On the other hand, defenders of the Selection Panel assert that the complexity of the task at hand, coupled with the need for extensive vetting and deliberation, necessitates a longer timeframe. They argue that rushing the process could compromise the quality of the commissioners appointed and undermine public confidence in the electoral system.
As the legal battle looms, political tensions are mounting, with opposition leaders accusing the Executive of deliberately delaying the implementation of the nine Bills proposed by the NADCO report, further compounding the constitutional crisis.
The outcome of this legal tussle will have far-reaching implications for Kenya’s democratic landscape, as it will set a precedent for the interpretation of constitutional provisions concerning the duration and accountability of critical institutions like the IEBC Selection Panel.