Concern after vetting of electoral commissioners halted
Publish date: 26 May 2025
Issue Number: 1127
Diary: IBA Legalbrief Africa
Category: Kenya
MP Peter Kaluma has cautioned against the latest court decision to stop vetting of commissioners to the Independent Electoral and Boundaries Commission (IEBC). According to a report in the Kenyans, the MP 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. 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. Furthermore, the mandated review of electoral boundaries, required every eight to 12 years, has been missed, potentially compromising the integrity of future elections.
Former IEBC CEO James Oswago previously expressed worries about the credibility of the 2027 elections after he claimed that the current commissioners undergoing interviews were not ready to conduct general elections, saying it required a minimum of two years for a newly appointed commissioner to be sufficiently inducted and able to run an election. The Kenyans report says 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. His remarks come after the High Court last week 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.