A city lawyer has proposed bringing back the former Chairman of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati and his team to avert a looming constitutional crisis.
Speaking at a Seventh-day Adventist church in Nyamira County on November 17, Lawyer Dunstan Omari proposed returning former IEBC commissioners whose terms expired.
“Elections must be conducted, who will perform the election exercise? We are in a major constitutional crisis that can bring this country down,” Lawyer Dunstan Omari said.
He further remarked, “My urge and appeal as a senior advocate is that the government should go to the Supreme Court and get an opinion. We have legal ways to solve this crisis.” Furthermore, he noted that the IEBC case in court might be in court up to 2027.
Views by Political Advisors on IEBC Case
The prayer meeting was also attended by some of the political advisors to President William Ruto who also spoke on the IEBC issue.
Karisa Nzae one of the political advisors hinted that the IEBC issue has been brought to a standstill by some individuals who are revolutionizing the entire process leading to a slow execution.
“The IEBC issue has been stalled by people there; they keep changing this and that. Lawyers are constantly going to court. Now, they’ve come up with a formula and are suggesting we should seek an opinion from the Supreme Court,” Political Advisor Karisa Nzae stated.
Moreover, he agreed that the process to seek an opinion from the Supreme Court is in the pipeline.
Also Read: Ruto Nominates Former IEBC Chair Issack Hassan to New Role
Constitutional Crisis
The proposal came at a time when various regions of the country remain without representation following the demise of their representatives and await the reconstitution of the IEBC to vote for new representatives.
Notably, among the affected areas is the Abanisha Consistency in Mandera county whose Member of Parliament (MP) died early 2023, Agarini where Harisson Kombe’s elections was nullified and four wards which do not have Members of County Assembly (MCA) due to the demise or nullification of election results.
Similarly, Ugunja is also among the list of affected areas lacking representation following the appointment of Opiyo Wandanyi as Cabinet Secretary for Energy.
Additionally, the reluctance to replace the commissioners has also delayed the boundaries review which was supposed to take place by March 2023.
Also Read: High Court Rules on Jail Term for Ex-IEBC CEO
High Court Breaks
Kiambu High Court stopped the names of the IEBC selection panel from being forwarded to the president for appointment.
Boniface Njogu filed a petition, questioning the inclusivity of the appointment process.
He cited Articles 10 and 54(2) of Kenya’s Constitution, arguing that state appointments should adhere to the progressive principle of ensuring at least five per cent representation of persons with disabilities in public bodies among other challenges.
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