NAIROBI, Kenya, Jan 17 — Outgoing Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati has handed over the commission’s exit report to President William Ruto.
Chebukati, while submitting the report, reiterated that his team has paved the way for a strong independent body for those who will take up the mantle from them.
He handed over his report during a function held at State House, Nairobi. Chebukati was accompanied by commissioners Boya Molu and Abdi Guliye who are also retiring.
“We ran a free, fair and transparent election and as a commission we have put in place structures which the incoming team should build on,” he said.
Chebukati affirmed that he conducted a free and fair poll despite the push by Azimio La Umoja One Kenya Leader Raila Odinga to have him prosecuted and jailed.
Odinga has been calling for an inquiry on Chebukati who he has faulted for “bangling” election singling him out as being solely responsible.
“What he has committed is a great crime against humanity and against the people of this country,” Odinga said.
Chebukati has served as IEBC Chairperson since January 18, 2017.
With the six-year term for Chebukati, Molu and Guliye ending Tuesday, they will go down in history as commissioners who have concluded their constitutional term.
Short of quorum
The exit of the three IEBC commissioners means the poll agency will fall short of the requisite quorum set at three out of a possible seven commissioners.
The commission has no active commissioner with Vice Chairperson Juliana Cherera having resigned alongside commissioners Francis Wanderi, and Justus Nyang’aya.
The three quit in December 2022 to avoid facing the Justice Aggrey Muchelule-led tribunal probing their conduct for disowning results of the August 2022 presidential election announced by Chebukati.
Commissioner Irene Masit who faced the tribunal over accusations of gross misconduct and incompetence is waiting for the tribunal verdict while on suspension.
The Supreme Court has previously ruled that IEBC can only be deemed to be fully constituted when it has at least three commissioners.
Delimitation of boundaries
The status on the commission is particularly crucial given the impending delimitation of boundaries exercise which is set to be concluded by 2024 with the collection of views from the public expected to start this year.
Article 89(2) of the Constitution requires the IEBC to conduct exercise between eight and twelve years. The next phase, which should conclude by 2024, is to be guided by the 2019 census.
Selection panel
An IEBC selection panel expected to lead the recruitment of new poll commissioners is yet to e constituted.
National Assembly Majority Leader Kimani Ichung’wah has sponsored a Bill, which seeks to change the composition of the selection panel for the appointment of electoral commissioners.
The Majority Leader is seeking to reduce the four slots allocated to the Parliamentary Service Commission to two, and have the Public Service Commission and Political Parties Liaison Committee nominate one person each.
The IEBC Act of 2011 states that the seven-member selection panel shall consist of two men and two women nominated by the Parliamentary Service Commission chaired by the National Assembly Speaker.
The Justice and Legal Affairs Committee (JLAC) is compiling public views before presenting a report before the House.
Parliament which is on recess untill February 14 might be recalled for a special sitting to consider the Bill to pave the way for the selection of new commissioners.
