Supreme Court Judge Isaac Lenaola has raised urgent concerns about the stalled reconstitution of Kenya’s Independent Electoral and Boundaries Commission (IEBC) and its implications for the country’s democratic future. Speaking at a recent forum, Justice Lenaola posed tough questions, saying, “How can our country stand on her feet if we do not have an electoral commission? When will this commission be prepared? Why is the IEBC not being constituted? Because Azimio can’t appoint their representative to the panel. Is that something to hold a country hostage for two years?”
Justice Lenaola’s comments underscore the gravity of the situation, with the IEBC’s functionality being critical for by-elections, voter registration, and the 2027 General Election. He also issued a chilling warning about potential risks to the integrity of the 2027 elections:
“Those of you who followed the Riggy G saga will remember that at some point the Judiciary online filing system went down. I want you to carry this question in 2027. Why did that online platform collapse? Why did the firewalls that we created before 2022 suddenly become vulnerable? Imagine what may happen in 2027. I will say no more. But think about it.”
The Azimio Deadlock and Its Consequences
The IEBC impasse stems from the July 26, 2024, election held at Kyaka Hotel in Machakos to select Azimio’s representative to the IEBC selection panel. In the election, Dr. Augustus Kyalo Muli defeated Wiper candidate Dr. Koki Muli by 16 votes to 7 in a transparent and fair process. Despite this, factions within Azimio, allegedly under Wiper leader Kalonzo Musyoka’s influence, rejected Dr. Muli’s nomination.
Dr. Muli’s victory was upheld by the Political Parties Dispute Tribunal (PPDT) on September 10, 2024, but the Wiper faction escalated the matter to the High Court. The court flagged procedural errors in Dr. Muli’s nomination but affirmed that he had won fairly. The case is now before the Court of Appeal, with no resolution in sight.
Justice Lenaola’s Call for Vigilance
Justice Lenaola’s remarks go beyond the IEBC deadlock, highlighting the vulnerabilities in Kenya’s electoral and judicial systems. His reference to the Riggy G saga—where the Judiciary’s online filing system mysteriously failed—has reignited concerns about the potential manipulation of critical systems.
“Why did the firewalls that we created before 2022 suddenly become vulnerable? Imagine what may happen in 2027,” Lenaola warned, urging Kenyans to remain vigilant and demand accountability.
Dr. Kyalo Muli’s Stand on Transparency and Accountability
Dr. Augustus Muli, who has been at the center of the IEBC controversy, has called out Kalonzo Musyoka and the Wiper faction for holding the country hostage with endless political wrangling.
“The IEBC is not a playground for political games. This is about the future of Kenya and the trust of the people in our democratic institutions. We cannot let personal interests compromise this critical process,” Dr. Muli said.
He urged Azimio’s leadership to prioritize the country’s interests and expedite the reconstitution process.
A Nation in Limbo
With Justice Lenaola’s stark warning and the ongoing political infighting, Kenya’s democratic foundations appear at risk. The delays in reconstituting the IEBC raise concerns not just about the immediate electoral processes but also about the integrity of the 2027 General Election.
As the Court of Appeal deliberates on the matter, the nation anxiously awaits a resolution that will restore faith in Kenya’s democratic institutions. Justice Lenaola’s parting words resonate as a call to action: “Think about it.”
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