LSK Raises 6 Concerns Over Delayed IEBC Reconstitution

LSK President Faith Odhiambo during a panel discussion on Citizen Tv on March 28, 2024
LSK President Faith Odhiambo during a panel discussion on Citizen Tv on March 28, 2024
Photo
Citizen Digital

As Kenyans grapple with the murky issues surrounding the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), the Law Society of Kenya (LSK) has raised a fresh list of demands while criticising the government for the ongoing delay.

In a statement delivered by LSK President Faith Odhiambo, the delay in the reconstitution of IEBC has continued to put Kenya at risk of breach of crucial electoral timeliness. 

''Kenya is in and at the risk of further breach of crucial constitutional electoral timelines on account of the lack of an IEBC,''  Odhiambo stated.

''Our political context is at the brink of implosion, and we must unite efforts towards getting the Commission set up and ready to go. The future, peace, and democratic state of our country depend on it,'' 

The IEBC team at the Bomas of Kenya during the tallying of the 2022 general elections.
The IEBC team at the Bomas of Kenya during the tallying of the 2022 general elections.
Photo
VOA

LSK now wants the immediate reconstitution of IEBC, saying that the delay has hampered the process of continued voter registration in the country.

Additionally, LSK highlighted significant discrepancies in the voter register during previous elections.

The lawyers' society stated that Kenya risks entering another election with an outdated and unreliable voter register as was the case in the last elections.

''The current voter register demands immediate action. Discrepancies, including deceased voters, invalid identification documents, and double registrations were revealed in audits conducted in 2017 and 2022,'' LSK stated.

LSK has also raised issues with the stalled implementation of the Kenya Integrated Elections Management System (KIEMS), which uses technology for voter registration, identification, and results transmission saying that the current state is likely to impact the credibility of the elections.

''Additionally, the implementation of election technology is stalled. The Kenya Integrated Elections Management System (KIEMS), which uses technology for voter registration, identification, and results transmission, needs to be updated and fully operationalized,'' the statement added.

LSK President furthermore urged the judiciary to expedite all the cases on the reconstitution of IEBC that are before it to enable the reconstitution.

At the same time, she asked politicians to consider settling the standoffs at the center of the issue using alternative dispute resolution mechanisms which include an out-of-court settlement process.  

''As Kenyans, our message is simple: the appointment of IEBC Commissioners is an urgent matter that demands immediate attention. We implore the judiciary to expedite the resolution of the pending case on the selection panel of IEBC,'' LSK implored. 

Currently, there are three constituencies in Kenya without MPs as a result of the delay. The constituencies include Banissa, Magarini, and Ugunja. 

LSK has also decried the delay, maintaining that the electoral body is likely to suffer in the formulation of a new strategic plan ahead of the 2027 elections and in achieving its 2027 goals. 

The standoff surrounding the reconstitution of IEBC has equally dragged Chief Justice Martha Koome's name into it, with some lawyers directly blaming her for the delays.

''CJ Martha Koome and her Judiciary should tell us why they resolved a complex matter relating to the impeachment of Rigathi Gachagua in two weeks but cannot determine a simple matter relating to the constitution of IEBC. Or it is a question of the Executive cutting the Judiciary budget?'' former LSK President Nelson Havi posed. 

Law Society of Kenya (LSK) President Faith Odhiambo addressing the press.
Law Society of Kenya (LSK) President Faith Odhiambo addressing the press.
Photo
Faith Odhiambo