Kenya faced a major political crisis following the disputed 2007 presidential election, prompting the Independent Review Commission, led by South African Judge Justice Johann Kriegler, to expose deep flaws within the electoral system. The Kriegler Report highlighted issues such as the lack of independence, poor organisational structure, and weak systems in the now-defunct electoral commission. It examined every step of the electoral process, including voter registration, candidate nominations, voting, tallying, and dispute resolution.
Now, with just over two years remaining before the August 2027 General Election, Kenya is on the brink of another electoral crisis. The Independent Electoral and Boundaries Commission (IEBC) is yet to be reconstituted, leaving it without commissioners. This creates a serious constitutional crisis, as the commission cannot legally declare election dates or make critical policy decisions. Courts have warned that the absence of commissioners renders the commission’s actions legally questionable.
The terms of former IEBC chairman Wafula Chebukati and commissioners Boya Molu and Prof. Abdi Guliye ended six years ago. However, efforts to replace them have stalled due to a lack of political goodwill. This delay threatens Kenya’s preparations for the 2027 polls and raises fears that incumbents might prolong their tenure beyond constitutional limits.
Adding to the problem is the failure to conduct Kenya’s boundary review, which is constitutionally required every 8-12 years under Article 89(2). The last review took place over 12 years ago, making the current boundaries outdated. This delay undermines fair representation, which the Constitution sought to ensure by considering factors like population, geography, and community ties.
The IEBC’s inability to function has led to other serious consequences. Banisa MP Kullow Maalim Hassan’s constituency has been without representation for over a year following his death, as the commission cannot conduct a by-election without commissioners. Several county assembly seats also remain vacant for the same reason.
Moreover, the IEBC’s lack of leadership has hindered crucial electoral preparations, such as drafting budgets for the general election, voter registration, and by-elections. Without commissioners, it is impossible to review election manuals, improve training materials, or implement recommendations from election observers and the Post-Election Evaluation Report. The commission also cannot recruit or train new staff to fill vacancies caused by retirements or natural attrition, further weakening its capacity.
Kenya’s democracy hinges on a fully functional electoral commission. The current delays not only threaten the upcoming election but also undermine public confidence in the electoral process. Reconstituting the IEBC must become an urgent priority to avoid repeating past crises and ensure smooth preparations for the 2027 General Election.
