The delay in the reconstruction of the Independent Electoral and Boundaries Commission (IEBC) has left several regions in limbo as they are yet to get full leadership as stipulated in the constitution.
Three wards and seven constituencies across different counties in the country are yet to have by-elections conducted following the delay of the commission's reconstruction.
A panel of nine had been constituted to come up with suitable candidates to fill the IEBC positions left vacant over firing and resignations, but they have all been dragged into legal battles, causing the process to drug even further.
Crucial functions of the IEBC came to a standstill after the resignation of former Chairperson Wafula Chebukati, and ex-commissioners Abdi Guliye and Boya Molu who had served their six-year non-renewable terms.
The commission further plunged into a stuck hole after the famous Cherera four were pushed out following a fallout due to the 2022 general elections results controversy.
So far, two court cases are pending in Nairobi and Kiambu against the nine panelists consisting of Andrew Tanui, Adams Oloo, Caroline Kituku, Linda Koome, Fatuma Saman, Nelson Makanda, Evans Misati, Koki Milu and Bore Chirchir.
According to the petitioners, there was no regional balance in the naming of the panel.
The absence of the commissioners has now forced three wards and seven constituencies to remain leaderless as they await by-elections. The situation forced the IEBC to write to the Attorney General over pending by-elections.
"In the absence of the commissioners, no gazette notices may be executed for publication to facilitate the conduct of any by-election as the same would luck the sanction of the commission thereby violating the constitution," read the letter from the Office of the Attorney General to the IEBC.
Residents of Banisa Constituency, Magarini Constituency and Ugunja Constituency in Mandera, Kilifi, and Siaya counties will have to wait longer for the by-elections due to the delays.
Kisa East Ward in Kakamega, Chewana Ward in Tana River, and Nyamai Ward in Nyamira, among others, are also affected as IEBC as currently constituted cannot conduct by-elections.
The 2027 general elections are also in limbo as the reconstruction continues to take longer than expected. The exercise was supposed to be done by March 2024, but it is yet to be done.
