As uncertainty continues to grip the country over the delimitation of boundaries ahead of the next general elections, Attorney General Dorcas Oduor has thrown a spanner in the works with another demand to the Supreme Court.
The AG, on Monday, February 3, asked the Supreme Court to dismiss an advisory case on the delimitation of boundaries, which was filed by the IEBC.
In March 2024, the IEBC filed a case with the Supreme Court, seeking an opinion on whether they could proceed with delimiting boundaries without six commissioners and a chair.
However, AG Oduor believes that pursuing delimitation less than three years before the general elections is a tall order, as there was no demonstration of urgency.
Principal State Counsel Odiwour Kaumba, who represented the Attorney General, was adamant that the timelines set in the Constitution for the delimitation of boundaries had already lapsed. The fact that the IEBC still has no commissioners further complicated the situation.
Since the departure of former IEBC Chairman Wafula Chebukati and his commissioners in early 2023, the electoral body has been left under the leadership of its secretariat.
The AG further faulted the IEBC's advisory as defective, arguing that the secretariat cannot undertake critical tasks meant for the commission when a quorum is not met.
“The urgency has dissipated in light of the lapse of the constitutionally decreed timelines under Article 89(2) of the Constitution and the absence of the commissioners to undertake the delimitation of boundaries, as admitted by the applicant under paragraph 13 of the reference,” Odiwour said.
According to Article 89(2), the Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years and not more than twelve years, but any review shall be completed at least twelve months before a general election of Members of Parliament.
The reviews are meant to ensure changes to these boundaries must align with demographic shifts and population density, so as not to give constituencies unfair advantage over others during an election.
On Monday, January 27, President Ruto appointed the Independent Electoral and Boundaries Commission (IEBC) selection panel to oversee the process of selecting IEBC Commissioners. The panel has since announced openings, inviting eligible Kenyans to apply for the commissioners' jobs.
The selection panel, under the stewardship of new chair Nelson Makanda said they intended to end the uncertainty surrounding the commission in the next 85 days.
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