‘We Cannot Register Candidates!’ – Senior IEBC Officer Claims Despite DP Kindiki’s Clearance
According to Chrispine Owiye, Director of Legal Services at the Independent Electoral and Boundaries Commission (IEBC), the body as it stands cannot register candidates for an election.
Speaking on Citizen TV’s ‘Tonight’ show on Thursday night, the lawyer appeared to stumble over his remarks about the IEBC’s involvement in registering or processing candidates for elections.
Owiye was requested to explain why the commission had not processed candidates for the roles of Members of the County Assembly (MCAs) or Members of Parliament (MPs) to fill vacant positions across the country.
Despite smoothing the way for Prof. Kithure Kindiki’s appointment as Deputy President, Owiye remarked that it was outside their mandate.
“As it is, processing of candidates for an MCA position is conducting an election and therefore because article 88 (4) is very clear, on the mandates, and that is one, registration of candidates for election, it is a preserve of the commission…(which is the) commissioners,” said Owiye.
Chrispine Owiye, Director legal services IEBC: As it is, we cannot register candidates for an election; it is a preserve for commissioners.
— Citizen TV Kenya (@citizentvkenya) January 30, 2025
Gituku: But the Commission can do whatever it did in respect to a deputy president candidate?
Chrispine: We cannot register candidates… pic.twitter.com/ozspmDLmEy
“We cannot register candidates for an election; it is a preserve for commissioners.”
His explanation only sparked more questions from Gituku, who wondered how IEBC CEO Hussein Marjan Hussein, who was also on the panel, affirmed that DP Kindiki’s clearance was valid.
Marjan had earlier said: “What we did was in accordance with the law. For something that is being discussed in court, it will be very unfair for it to be discussed.”
Gituku then asked lawyer Owiye: “I am not asking you to talk about what is in court but what the CEO confirmed that the commission did whatever it did in the law, so that can be done without offending the law, but you cannot nominate candidates for an MCA seat?”
However, the head of IEBC Legal Services appeared to avoid discussing the DP issue.
“I don’t want to go there, I stated very clearly…we cannot register candidates,” he stated.
“The current commissioners already constituted cannot register candidates for MCA seats. We cannot register candidates for an election unless we have commissioners in post.”
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The remarks by electoral body officials come as approximately ten MCA positions in the country remain vacant, with the IEBC unable to organize by-elections due to a lack of commissioners.
President William Ruto selected members of the selection panel tasked with appointing the IEBC team on Monday after the electoral body had been without commissioners for two years.
The panel consists of Prof. Adams Oloo, Dr. Nelson Makanda, Fatuma Saman, Amb. Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Carolene Kituku, and Linda Kiome Gakii.
The nomination occurred after the High Court overturned a lawsuit challenging the constitution on Friday, allowing President Ruto to appoint the panel.
‘We Cannot Register Candidates!’ – Senior IEBC Officer Claims Despite DP Kindiki’s Clearance
