ODM warns of malicious intent in delaying IEBC reconstitution

According to Vihiga Senator Godfrey Osotsi, the IEBC is not just about the Secretariat, but the Commission itself, which is the decision-making body. [Elvis Ogina, Standard]

Orange Democratic Movement (ODM) Deputy party leader Godfrey Osotsi has read ulterior motives in the delays to reconstitute the Independent Electoral and Boundaries Commission (IEBC).

In an interview with The Standard yesterday, Osotsi pointed an accusing finger at the Judiciary, saying it has been a derailing factor in the process of putting in place a substantive electoral body.

He further regretted that some forces, which he did not name may be deliberately obstructing the reconstitution with the intention of delaying the 2027 General Election. Osotsi called the situation a “disaster,” criticising the fact that the country still lacks an IEBC.

“I think someone somewhere wants us not to have an IEBC or someone wants to illegally stay in office and this is conversation that Kenyans must start talking about. Someone somewhere wants us to be in this quagmire for long so that we do not hold elections in 2027,” he alleged.

According to the Vihiga Senator, the IEBC is not just about the Secretariat, but the Commission itself, which is the decision-making body.

“It is by design, clearly... Why would the courts be the impediment towards having an IEBC? So, to the Chief Justice and her team…yes, the law is in place and we vouch for independence of the judiciary but we must take note of what is happening in the country and in the political scene and what will likely happen if we do not have an IEBC,” he noted.

On Friday, High Court nullified the IEBC (Amendment) Act of 2023, which established the selection panel for the electoral body.

This further threw into disarray the eight-member selection panel, which was still waiting to start their work owing to cases in courts.

Parliament has however explained that the ruling does not have any effect on the IEBC panel.

“While the petition was pending before High Court, the IEBC Act was amended in 2024 to implement recommendations of National Dialogue Committee on the composition of IEBC selection panel. This amendment was made through the IEBC (Amendment) Act, 2024,” Parliament said in a statement.

About two weeks ago, Supreme Court judge Isaac Lenaola raised concerns over the delay in putting in place IEBC, saying that the country risks a crisis in the 2027 General Election.

Former IEBC Chairman Wafula Chebukati and Commissioners Abdi Guliye and Boya Molus’ terms expired in January 2023.

Other commissioners, Justus Nyang’aya, Juliana Cherera and Francis Wander resigned while Irene Masit was kicked out by a tribunal formed to investigate their conduct after the 2022 elections.

“How can a country like ours stand on its feet if it does not have a functioning electoral commission? Elections are in 2027, this is 2024… when will this commission be prepared?” Osotsi posed.

At the same time, Wiper Democratic Movement (WDM), Kalonzo Musyoka has also criticised the delay in reconstituting IEBC saying he is not to blame for the stalemate, adding that Azimio adhered to the strict timelines in presenting a name for the panel.

Kalonzo claimed that the government is using the National Labour Party’s Augustus Kyalo to frustrate the process through a case he filed in the Court of Appeal.