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The country is set to hold a mini-General Election once the Independent Electoral and Boundaries Commission (IEBC) is fully constituted due to several pending by-elections.
Residents of Baringo County, Banisa, Magarini, Ugunja and Malava constituencies, along with several wards across the country, are eager to elect new representatives as soon as the commission commences its work.
The by-elections have been necessitated by Cabinet appointments, deaths, and the nullification of elections for some Members of Parliament and Members of County Assemblies.
Residents of Banisa Constituency in Mandera County have been without representation for two years following the death of their MP, Kullow Hassan, in a March 2023 Nairobi road accident.
Magarini residents in Kilifi County have lacked parliamentary representation since the Supreme Court upheld the nullification of Harrison Kombe’s election in May last year. With no fully constituted IEBC, residents have endured a prolonged wait to exercise their constitutional right.
In Ugunja, Siaya County, constituents await their by-election after former MP Opiyo Wandayi joined President William Ruto’s Cabinet last August. The constituency has remained unrepresented for eight months.
Baringo County residents will elect a new senator following William Cheptumo’s death earlier this year after a prolonged illness.
Malava constituents in Kakamega County prepare to replace their late MP Malulu Injendi, who died three weeks ago after a long illness.
Unlike other affected constituencies, they may secure representation sooner.
The IEBC selection panel, chaired by Nelson Makanda, has concluded chairperson interviews involving 11 candidates and is currently interviewing commissioner nominees.
“This enormous task requires Kenyans’ prayers as we select individuals of integrity to oversee our electoral process for the next six years,” Makanda said during interview sessions.
The IEBC has operated without commissioners since January 2023 when former chairperson Wafula Chebukati (now deceased) and commissioners Abdi Guliye and Boya Molu completed their terms.
Former vice-chairperson Juliana Cherera and commissioners Justus Nyangaya and Francis Wanderi resigned amid a tribunal investigation into their conduct during the 2022 presidential election.
Former commissioner Irene Masit was removed after the tribunal deemed her unfit for office.
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The current selection panel formed in March 2023 faced delayed operations due to opposition objections regarding its composition.
During National Dialogue Committee (NADCO) talks, IEBC reconstitution became a key agenda item after Azimio leaders rejected the existing selection panel framework.
National Assembly Speaker Moses Wetang’ula warns that boundary delimitation may suffer most from the IEBC delays.
While acknowledging postponed by-elections, Wetang’ula noted the impossibility of creating new constituencies without a functional electoral commission.
The Speaker who made the remarks during a mid-term retreat of members of the National Assembly in Naivasha, Nakuru County, pointed out that the Constitution establishes the current 290 constituencies, leaving no room for expansion due time constrains.
“The delay in the reconstitution of IEBC stalled crucial activities, including boundary delimitation, which is vital for the country’s electoral system, as well as the timely conduct of by-elections in constituencies and wards that have experienced vacancies,” said Wetang’ula.