The Independent Electoral and Boundaries Commission (IEBC) CEO, Marjan Marjan, has cited the delayed appointment of new commissioners as the reason for their inability to conduct the Banissa Member of Parliament by-election. This announcement comes in response to a case filed by Brian Mbugua, urging Parliament and the selection panel responsible for filling these vacancies to address the situation and prevent a constitutional crisis.
Marjan expressed sympathy for the people of Banissa constituency who have the right to choose their representative in the national assembly. The electoral agency’s crucial operations have been at a standstill since the retirement of former chairman Wafula Chebukati and ex-commissioners Abdi Guliye and Boya Mulu in January. These retirements occurred following the completion of their non-renewable six-year terms. The departure of other commissioners due to disagreements over the previous year’s presidential elections further exacerbated the situation.
Since then, no policy business has been conducted by the IEBC due to the absence of commissioners. The commission sought legal advice from the Attorney General regarding the conduct of by-elections without commissioners. The Attorney General’s opinion was that the election process must be authorized and sanctioned by the commissioners. Without their involvement, gazette notices for by-elections could not be executed, leading to a violation of the constitution.
The process of replacing the commissioners had been delayed by political disagreements between President William Ruto’s Kenya Kwanza and opposition chief Raila Odinga’s Azimio. However, the National Dialogue committee recently announced an amicable resolution, signaling an end to the crisis.
The IEBC is tasked with conducting at least three parliamentary and ward by-elections due to deaths and court orders overturning election results. These include the Banissa MP seat, which became vacant after the death of Kullow Maalim Hassan in a motorcycle accident in March. Additionally, the commission is expected to gazette the winner of an MCA seat in Garissa following a court order for a recount of votes.
Article 101 of the Constitution requires a by-election to be held within 90 days of a vacancy occurring in the respective office. Brian Mbugua filed a case in court seeking to have the IEBC, National Assembly, and the Attorney General directed to conduct the Banissa MP by-election within 30 days. He emphasized that the failure to do so deprived the people of Banissa Constituency of their chosen representative in the national assembly and urged the selection panel to submit two names to the President within 14 days.
