Nairobi Senator Edwin Sifuna has voiced strong concerns over what he terms “two back-to-back manifestly flawed decisions” by the newly reconstituted Independent Electoral and Boundaries Commission (IEBC).
In a statement posted on X (formerly Twitter), Sifuna accused the commission of contravening both the law and the Constitution in recent actions.
His first point of contention is the process of replacing John Mbadi, who recently vacated his seat. Sifuna argues that the law requires the IEBC to select a replacement from the same category in which the departing member was nominated. Mbadi, he said, had been nominated under the “workers” category, yet the commission failed to observe this requirement.
Secondly, Sifuna cited Article 101(4)(b) of the Constitution, which mandates the IEBC to conduct by-elections within 90 days of the issuance of writs. According to him, the planned by-election date of November 27 exceeds this timeline by more than 10 days, amounting to over 100 days.
“These are not harmless errors; they go to the heart of the commission’s credibility,” Sifuna warned, suggesting that the missteps could undermine public confidence in the IEBC’s ability to manage electoral processes fairly and within the law.
His remarks come as the new IEBC faces intense scrutiny over its first major decisions since taking office. Critics argue that adherence to constitutional timelines and nomination rules is essential to avoid legal disputes and maintain trust in Kenya’s electoral system.