The Independent Electoral and Boundaries Commission (IEBC) is yet again at the centre of a fresh controversy as two sides of the major political protagonists clash over how the polls body should be reconstituted. 

The new push and pull is coming at time when IEBC selection panel, led by Dr Nelson Makanda is at the centre of interviewing the about 105 applicants it had shortlisted to fill in for the six positions of commissioner. The exercise of recruiting the commissioners for a body that is behind schedule and has missed crucial constitutional deadlines.    

The unfolding contest is seemingly beginning to shape up between the Orange Democratic Movement (ODM) on one side and a section of the Azimio Coalition, now regarding themselves as the people’s loyal opposition, led by Wiper Party Leader, Kalonzo Musyoka, on the other.

The clash unfolded yesterday even as legislators rushed to vote to extend the panel’s timelines for recruitment of the Chairperson and commissioners of IEBC by another 14 days.

The MPs from across the political divide yesterday adopted a joint motion by the leader of Majority Kimani Ichung’wa and his Minority counterpart Junet Mohamed, which sought to ensure that the IEBC selection panel had ample time to complete the vetting process.

As he presented the notice of motion in the House on Tuesday, Mohamed made reference to paragraph 6(1) of the first schedule of IEBC Act Cap 7(c), saying it provides that the selection panel shall finalize recruitment exercise within 90 days of its appointment and forward the names to the President.

“Aware that by gazette notices 1901 and 2543 dated February 14 and March 1, 2023 respectively, President William Ruto declared one vacancy for the position of Chairperson of IEBC and six vacancies for the position of members,” said Mohamed yesterday during the session.

“Further aware that vide gazette notice 715 of January 27, 2025, Ruto appointed members of the selection panel for the recruitment of nominees for appointment as Chairperson and members of IEBC. Upon appointment, the panel commenced the recruitment process, long listed and shortlisted qualified applicants for the positions of Chairperson and members,” he added.

The 90-day window was to lapse on April 28, but the deadline has now been extended May 12.

 “… for the need for the Selection Panel to ensure the recruitment process complies with the constitutional principles of regional balance, representation of the youth and overall inclusivity, while ensuring that the interviews are conducted as far as is practicable, within official working days and hours,” read the motion in part.

Mohamed said that the panel is currently undertaking the interviews of shortlisted candidates and given the schedule of all shortlisted applicants, it has inadequate time to conclude the recruitment process.

And when moving the motion on the floor of the House, Junet said, “Let us have faith in processes that have been initiated in good faith and I have told you this process commenced at NADCO. Before it, a panel sat and used public resources through Parliament amounting to Sh131 billion but it was thrown out…”

“If we didn’t have faith in that one, we don’t have faith in this one, we can only have faith in God. There is no other thing will have faith in. I want to urge Kenyans and my leaders that let us have faith.”

He added, “Let’s have faith and don’t be bothered on who will become the chair or the commissioners. Just have faith. Let us gives this panel time because they have all shades of people, all professional bodies have been represented before we bastardized this process before we know what will come out of it,”

 Deputy Majority leader and Kilifi MP Owen Baya seconded the motion.

“I ask the House that we give the IEBC panel the 14 days because It is provided in the statute that we can extended. It is okay to give them an extension if so requested. I think we did not break the law, we are within the law. I urge the members that we approve this motion so we can move forward,” he stated.

As the debate was taking place in parliament, ODM Secretary General, Edwin Sifuna dismissed assertions by a section of Azimio leaders, terming their remarks of alleged interference by ODM in the ongoing process of reconstitution of the IEBC as unfounded.

Sifuna who spoke after Central Committee meeting held yesterday to review reports on appeals arising from polling unit elections held on November 27, said that the process is being conducted in compliance with the National Dialogue Committee (NADCO).

“For the record, this process is being conducted in full accordance with the NADCO report. It is common knowledge that NADCO was chaired by Kalonzo Musyoka the Wiper Leader,” said Sifuna.

He made the remarks in a press conference which their leader, Raila Odinga attended shortly and left though Sifuna was flanked by other ODM leaders.

Sifuna stated that Kenyans are fully aware that the inordinate delay in commencing this exercise was due to the failure to resolve the nomination of the Wiper representative to the selection panel.

Following support of ODM both at the Political Parties Liaison Committee (PPLC) and in court, Sifuna said Wiper got its rightful slot and at the moment, Wiper’s Nominee to the Panel, Koki Muli has been part of the process from shortlisting to the ongoing candidate interviews.

“In fact one of the candidates shortlisted for membership in the Commission is Kalonzo’s advisor, and this is fully within the candidates’ constitutional right,”

Additionally, he said the law grants the selection panel the authority to determine its own procedures granting it operational autonomy in executing its mandate.

ODM insisted that the panel should be allowed to independently execute its mandate without interference.

“We view the accusation by a section of Azimio leaders as an attempt to pre-emptively discredit the panel and the outcome of the entire process. Kenyans have waited a long time to have an electoral commission in place and will not countenance any attempts to derail or delay the process,” Sifuna said.

He said Kalonzo is a seasoned counsel and he understands the import of being togeter in Government and in the opposition.

“ODM is not in Government and I do not know how many times we have to answer to this question. ODM is a distinct independent political party from the ruling Kenya Kwanza coalition. When someone makes an allegation such as that, you have to ask them the basis of that assertion then we can engage from there,” Sifuna uttered.

He said ODM is confident that the people selected to represent the various organizations, including ODM, will do their best in the interest of the country and in accordance with their oath of office so they should be allowed to do their job and talk about the outcome later.

On Tuesday, Wiper, Democratic Action Party of Kenya and People’s Liberation Party (PLP) leaders, Kalonzo, Eugene Wamalwa and Martha Karua claimed the Ruto regime is determined to control and direct recruitment process of IEBC commissioners, with the ultimate objective of capturing the electoral management body.

Whether or not they have faith in the panel, Kalonzo said that has since been overtaken by events and they will wait to see whether the principle of consultation and concurrence will be upheld when it comes to forwarding 11 names for appointment as Chairperson and Commissioners.

“This nefarious exercise, we believe, is intended to rig the next General Election to perpetuate the continuation of the Kenya Kwanza regime that has clearly lost the trust and confidence of the people of Kenya,” said Karua, in a joint press conference held in Nairobi.

They said that the shortlisting process left out Kenyans with credible qualifications and experience based on their assessment of the over 1,400 who applied for the positions.

The opposition said quite a number of those who made it to the list have questionable credentials and have demonstrated partisan interests in United Democratic Alliance (UDA) and ODM.

Karua said a number of the selected applicants are members of executive structures of UDA and ODM and have, in the last three years, been beneficiaries of skewed public appointments from Ruto and Raila.

A case in point, they said, is Joy Brenda Mdivo, who has been the chairperson of the UDA Internal Dispute Resolution Committee, with the opposition insisting that she is not eligible for consideration for appointment as an IEBC commissioner as stipulated in Article 88 (2) (a)(ii) of the Constitution of Kenya.

“Given the clear position articulated in our supreme law of the land, why was Mdivo shortlisted by the IEBC selection panel? This is a clear violation of our Constitution. More so, this is a great betrayal to young Kenyans who sacrificed their lives on June 25, 2024 so as to have a credible and independent commission,” Karua read the statement on their behalf.

Similarly, they said Ruto’s personal advocate is also set for an interview as a possible commissioner.

This comes against the backdrop of questions emerging on the high number of shortlisted candidates for the position of the Commissioner, with the risk being that the long duration could see Kenyans disinterested to keenly follow the proceedings

The question of timelines has also been raised given the pending by-elections, uncertainty over delimitation of boundaries, whose time expired last year in March and the engaging process to adequately prepare for the 2027 General Election.

The  Kalonzo team has threatened to take legal or political action if the President appoints IEBC Chairperson and members without being consulted, saying there are serious allegations of integrity and grave inherent conflict of interest.