5 Reasons Why LSK Deems Delay In Reconstituting IEBC A 'Ticking Time Bomb'
LSK warned that without the IEBC Commissioners in place, fulfilling the IEBC's time-bound obligations is impossible and raises grave concerns in the country.
Marvin Chege 
The Law Society of Kenya (LSK) has raised five serious concerns in a statement criticising President William Ruto's government for dragging matters regarding the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), two years to the 2027 general elections.
In a statement shared by LSK President Faith Odhiambo, the society termed the currently vacant positions on the Commission following the removal of all four commissioners and the expiry of the term for the IEBC chair and 2 commissioners in early 2023 coupled with the significant delays in reconstituting the commissions, a constitutional and democratic crisis that can only be described as "a ticking time bomb."
The Independent Electoral and Boundaries Commission (IEBC) is constitutionally mandated with handling all matters relating to elections in Kenya. LSK warned that without the IEBC Commissioners in place, fulfilling the IEBC's time-bound obligations is impossible and raises grave concerns in the country.
One of the most urgent issues raised by LSK is the delimitation of boundaries. The IEBC is responsible for reviewing constituency and ward boundaries every 8-12 years. The last review was undertaken in 2012 and the next review was due by March 2024.
Verification process at the Bomas of Kenya during the 2022 general elections. /MARTIN WACHIRA.TWITTER
"Clearly, we failed to honour that deadline and without a functioning Commission, the delimitation process cannot be completed. This has implications for voter registration and the conduct of elections. The delimitation of boundaries is a crucial operational aspect of the electoral process that has constitutional timelines in relation to elections," the statement read in part.
The society also raised alarm regarding the inaction of the current voter register, citing discrepancies, including deceased voters, invalid identification documents, and double registrations, which were revealed in audits conducted in 2017 and 2022.
Moreover, the boundary delimitation process, according to LSK, necessitates updating the voter register to reflect the new electoral units. For instance, audits conducted in 2022 showed that there are identified discrepancies in the current boundaries, with voter registration rates in over 100 constituencies exceeding 100 per cent based on 2019 census data.
Without a Commission to oversee these vital tasks, the society warned that Kenya risks entering another election with an outdated and unreliable voter register, jeopardizing the very foundation of the country's democracy and inviting electoral disputes that could undermine the nation's stability.
"We must demand a credible voter register. We must ensure that every vote counts. We must safeguard the integrity of our elections. A flawed voter register is a ticking time bomb, threatening to explode into electoral chaos," the society demanded.
LSK also noted that the lack of a Commission also hinders strategic planning. With the lapse of the IEBC's current strategic plan, there is a need for a new one to guide the Commission's activities for the upcoming electoral cycle, a matter it termed crucial ahead of the 207 election and its Vision 2030 goals.
"Additionally, the implementation of election technology is stalled. The Kenya Integrated Elections Management System (KIEMS), which uses technology for voter registration, identification, and results transmission, needs to be updated and fully operationalized. Currently, KIEMS is not fully functional, disenfranchising newly eligible voters. We need a duly constituted commission in place to address this crisis," LSK added.
"Finally, the issue of voter apathy. The 2022 General Election saw a low voter turnout of 65%, and the IEBC has a role in addressing this through voter education. However, the lack of a Commission is preventing the implementation of effective civic education programmes, which could further exacerbate voter apathy."
LSK deemed the absence of a Commission as a constitutional violation, denying representation to citizens in constituencies where by-elections are due, for instance in Banissa, Magarini and Ugunja constituencies which are yet to have representation because of the lack of a commission to carry out by-elections.
The society concluded by issuing a series of demands, including the prompt appointment of new IEBC commissioners and for the Judiciary to intervene regarding court cases hampering the selection panel for the new commissioners.
"As Kenyans, our message is simple: the appointment of IEBC Commissioners is an urgent matter that demands immediate attention. We implore the judiciary to expedite the resolution of the pending case on the selection panel of IEBC. Furthermore, we exhort the political class to consider an out-of-court settlement on the selection panel crisis," the statement added.
"Can we afford to risk the stability of our nation by delaying this crucial process any longer? The answer is a resounding no. We must reconstitute the IEBC. We must ensure a peaceful and fair election. We must safeguard the future of our democracy. The IEBC is the cornerstone of our democracy, and its reconstitution is paramount to ensuring a strong and stable foundation for our nation."
