Kenya is staring at a ticking time bomb because of its failure to restructure Independent Electoral and Boundaries Commission (IEBC), as the country hurtles towards the 2027 General Election.

Law Society of Kenya (LSK) president, Faith Odhiambo on Tuesday said that delay in reconstituting IEBC becomes an urgent undertaking, noting that Kenya is at the risk of further breach of crucial constitutional electoral timelines.

She said the county’s political context is at the brink of implosion, and there is urgent need to unite efforts towards getting the Commission set up and ready to go because the future, peace, and democratic state depends on it.

“The vacant positions on the Commission following the removal of four commissioners and expiry of the term for IEBC Chairperson and two Commissioners early 2023, coupled with significant delays in reconstituting the Commission presents a constitutional and democratic crisis that can only be described as a ticking time bomb,” said Odhiambo, in a statement yesterday.

She also added: “Can we afford to risk the stability of our nation by delaying this crucial process any longer? The answer is a resounding No! We must reconstitute IEBC. We must ensure peaceful and fair elections.”

Odhiambo said IEBC is mandated with handling all matters relating to elections and without commissioners in place, fulfilling its time-bound obligations is impossible and raises grave concerns in the country.

In less than three years, the country is expected to hold the General Election.

One of the most urgent issues that require way forward, she said, is delimitation of boundaries, where IEBC is responsible for reviewing constituency and ward boundaries every 8 to 12 years.

The last review was undertaken in 2012, with the subsequent one due by last year March but he country failed to honor that deadline.

Without a functioning Commission, she said delimitation process cannot be completed, a situation that has implications for voter registration and the conduct of elections.

“The delimitation of boundaries is a crucial is a crucial operational aspect of the electoral process that has constitutional timelines in relation to elections,” Odhiambo insisted.

According to the LSK President, the current voter register demands immediate action, adding that discrepancies, including deceased voters, invalid identification documents and double registration were revealed in audits conducted in 2017 and 2022.

She said the boundary delimitation process necessitates updating of the voter register to reflect the new electoral units.

For instance, Odhiambo noted that audits conducted in 2022 showed there were identified discrepancies in the current boundaries, with voter registration rates in over 100 constituencies exceeding 100 per cent based on 2019 census data.

Without a commission to oversee these vital tasks, she said that Kenya risks entering another election with an outdated and unreliable voter register.

This, she said, could jeopardize foundation of the country’s democracy and inviting electoral disputes that could undermine the nation’s stability.

“We must demand a credible voter register. We must ensure that every vote counts. We must safeguard the integrity of our elections. A flawed voter register is a ticking time bomb, threatening to explode into electoral chaos,” she insisted.

Without a commission, she said strategic planning has also been hindered.

Odhiambo said the IEBC’s current strategic plan has lapsed and a new one is needed to guide the Commission’s activities for the upcoming electoral cycle, which is particularly crucial as the country approaches the 2027 election as well as Vision 2030 goals.

Implementation of election technology has stalled, said Odhiambo, adding that the Kenya Integrated Elections Management System (KIEMS), which uses technology for voter registration, identification and results transmission, should be updated and fully operationalized.

According to LSK, KIEMS is currently not fully functional, which disenfranchises newly eligible voters and a duly constituted commission will address this crisis.

LSK has also raised the issue of voter apathy, saying that the 2022 General Election saw a low voter turnout of about 65 per cent and the IEBC has a role in addressing this through voter education.

But lack of a commission is preventing the implementation of effective civic education programmes, which could further exacerbate voter apathy.

“The truth and fact of the matter is that the absence of a Commission is a constitutional violation, denying representation to citizens in constituencies where by-elections are due. As we speak, Banissa, Magarini and Ugunja constituencies have no representation because of lack of a commission to carry out by-elections,” she said.

She went on: “As Kenyans, our message is simple: the appointment of IEBC Commissioners is an urgent matter that demands immediate attention.”

LSK has also urged the judiciary to expedite the resolution of pending case on the selection panel of IEBC and the political class to consider an out of court settlement on this particular crisis.

Odhiambo said that the country must safeguard the future of its democracy, adding that IEBC is the cornerstone of democracy and its reconstitution is paramount to ensuring a strong and stable foundation.

“It is incumbent upon the judiciary to take firm, decisive action to resolve the prolonged dispute between Dr. Augustus Muli and the Azimio la Umoja Coalition. While the latter must be held accountable for allowing the current impasse to arise, the court has an opportunity to put the matter to rest by delivering a swift determination on the appeal before the Court of Appeal,” she noted.

She said it has been three months since the High Court rendered its judgement in the dispute, and the non-prosecution of the incidental appeal demands that the court protects the sanctity of its process for the good of Kenya and Constitution.

“The abuse of court to stifle a constitutionally time-bound process is an affront to the principles and objects of judicial authority, and we invite the court to assert its firm defence of these all too important principles,” she noted.

Last week, Orange Democratic Movement (ODM) also raised concerns over the delay to reconstitute IEBC selection panel that has meant denial of representation of many Kenyans in Parliament.

Led by ODM Secretary General Edwin Sifuna, the party is one of the most affected by this continued state of affairs because they are down three members in the National Assembly alone with pending elections in Ugunja, Magarini and one nominated member, all of which were held by ODM.

“We are aware there are court orders in place stopping empanelment and want to urge the Judiciary to expedite the resolution of these cases as a matter of national urgency,” ODM said.

The by-elections aside, Sifuna noted the new Commissioners will require time to settle in and begin preparations for 2027 General Election, in addition to resolving issues surrounding boundary reviews.

He said the country is running the risk of getting into a constitutional crisis.