IEBC’s Boundary Delimitation Case Faces New Hurdles After AG Oduor’s Request
As the country remains confused about the delimitation of boundaries ahead of the 2027 general elections, Attorney General Dorcas Oduor has put a wrench in the works by submitting another demand to the Supreme Court.
On Monday, February 3, the Attorney General requested that the Supreme Court dismiss an advisory case on boundary delimitation filed by the IEBC.
In March 2024, the IEBC petitioned the Supreme Court for an opinion on whether they could proceed with boundary delineation without six commissioners and a chair.
However, AG Oduor believes that pursuing delimitation less than three years before the general elections is a difficult job because there was no urgency.
Principal State Counsel Odiwour Kaumba, who represented the Attorney General, insisted that the Constitution’s deadlines for boundary delineation had already passed.
The fact that the IEBC still lacks commissioners exacerbated the problem.
Since the resignation of previous IEBC Chairman Wafula Chebukati and his commissioners in early 2023, the electoral organization has been led by its secretariat.
The AG also criticized the IEBC’s guidance, claiming that without a quorum, the secretariat cannot carry out key commission functions.
“The urgency has dissipated in light of the lapse of the constitutionally decreed timelines under Article 89(2) of the Constitution and the absence of the commissioners to undertake the delimitation of boundaries, as admitted by the applicant under paragraph 13 of the reference,” Odiwour said.
According to Article 89(2), the Independent Electoral and Boundaries Commission shall review the names and borders of constituencies at intervals of at least eight years and no more than twelve years.
However, any review must be completed at least twelve months before a general election for Members of Parliament.
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The assessments are intended to verify that changes to these borders are consistent with demographic developments and population density so that constituencies do not gain an undue advantage over others during an election.
On Monday, January 27, President Ruto appointed the Independent Electoral and Boundaries Commission (IEBC) selection panel to monitor the selection of IEBC Commissioners.
The panel has since advertised opportunities, urging qualified Kenyans to apply for the commissioner positions.
The selection group, led by new chair Nelson Makanda, stated that they hoped to eliminate the uncertainty surrounding the commission within the next 85 days.
IEBC’s Boundary Delimitation Case Faces New Hurdles After AG Oduor’s Request
