IEBC seeks advisory from Supreme Court on extending boundaries review timelines

The Independent Electoral and Boundaries Commission (IEBC) is seeking an extension of the already-lapsed boundaries review timelines.

The agency is citing delays in the recruitment of new commissioners.

IEBC has sought an advisory opinion from the Supreme Court on whether it can undertake the process of delimitation of electoral boundaries and other electoral processes in the absence of commissioners or requisite quorum of commissioners.

IEBC is seeking direction on whether it can review names and boundaries of constituencies and wards at intervals of eight years and not more than 12 years which shall be completed at least 12 months before a general election of Members of the Parliament according to the Constitution.

A review of electoral boundaries ought to have finalized been on 6th March 2024, this falling on the 12th year since the last exercise on 6th March 2012.

The exercise has however been delayed for lack of commissioners, a situation which according to Attorney General Justin Muturi may lead to legal challenges and litigation.

“Failure to undertake the delimitation may result in legal challenges and litigation and compromise constitutional rights to fair representation and participation in the electoral process,” Muturi noted.

Muturi further advised that the provisions of the Constitution should not be contravened under any circumstances and that compliance with the Constitution will help preserve integrity.

IEBC also seeks to understand whether the timelines that have already expired can be extended, and if so, by whom and under what circumstances.

Fallout at the commission during the 2022 Presidential results declaration saw the exit of three commissioners, Juliana Cherera, Francis Wanderi, and Justus Nyang’aya, while Irene Masit opted to face a tribunal which recommended her removal.

Wafula Chebukati, Abdi Guliye and Boya Molu’s non-renewable six-year term ended, leaving the commission without commissioners, rendering the poll body without any member of the commission.