Homa Bay Town MP Peter Kaluma has cautioned against the latest court decision to stop vetting of commissioners to the Independent Electoral and Boundaries Commission (IEBC).
The MP, on Tuesday, May 20, said the decision has the potential to delay the reconstitution of the IEBC, which could affect the commission’s preparations ahead of the 2027 Elections.
In a statement, Kaluma said the court orders could bring friction between different levels of government.
“The orders issued suspending the vetting of IEBC commissioners run contrary to the public interest in a properly constituted electoral commission to undertake the pending by-elections and adequately prepare for the 2027 General Election,” Kaluma said.
Delay in the reconstitution of the IEBC is putting the country at risk of a constitutional crisis, as the commission cannot perform essential functions such as conducting by-elections, overseeing voter registration, or reviewing electoral boundaries.
This paralysis affects constituencies such as Banisa, Magarini, and Ugunja, which remain unrepresented because the IEBC cannot conduct by-elections.
Furthermore, the mandated review of electoral boundaries, required every 8 to 12 years, has been missed, potentially compromising the integrity of future elections.
Former IEBC Chief Executive Officer James Oswago previously expressed worries about the credibility of the 2027 elections after he claimed that the current commissioners who are undergoing interviews were not ready to conduct general elections.
According to Oswago, it requires a minimum of two years for a newly appointed commissioner to be sufficiently inducted and able to run an election.
Kaluma further noted the courts had no jurisdiction to stop Parliament from vetting the commissioners, seemingly intimating that the legislative arm of government would ignore the orders by the courts.
“The decision also puts the Judiciary and Parliament at loggerheads - the courts have no jurisdiction to stop Parliament. You can imagine what would happen if Parliament ignored the orders, in the public interest!” he asserted.
His remarks come after the High Court on Monday, May 19, issued conservatory orders blocking vetting and approval of President William Ruto's IEBC picks by the National Assembly, pending the determination of a petition filed by two individuals.
As per the court ruling, vetting of the nominees cannot take place at least until May 29.
This was despite Speaker Moses Wetang'ula, on Friday, May 9, informing Kenyans that the Parliamentary Justice and Legal Affairs Committee would begin the vetting of the IEBC chairperson and the six members of the commission on May 27.
Earlier in the month, President Ruto nominated Erastus Edung Ethekon as the next IEBC chairperson, while Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla were nominated as commissioners.
This was the latest setback in the quest to set up a new commission ahead of the 2027 general election, coming barely a fortnight after the petition was filed on May 14.
