The The Independent Electoral and Boundaries Commission (IEBC)is now struggling to convince Kenyana that it is can work despite the resignation of four commissioners.
It has been an year since the last Presidential elections.
Th Independent Electoral and Boundaries Commission was crippled following the exit of vice chairperson Consolata Nkatha, and commissioners Paul Kurgat and Margaret Mwachanya in April.
Dr Roselyne Akombe has earlier resigned days before the poll repeat in October 2016 siting that she had no faith the the commission was deliver fair and credible elections.
With only three commissioner, chairman Wafula Chebukati, and commissioners Abdi Guliye and Boya Molu the IEBC is crippled, and cannot sit as plenary with the quorum required to be at least five commissioners.
Amani National Congress leader Musalia Mudavadi has reignited the push to reconstitute the IEBC with others questioning the legality of the current team over lack of quorum.
While speaking in an interview, Mudavadi said that, “What was identified as the cause of tension has not been resolved. As we speak, the IEBC is in a shambles, it is riddled with corruption and they are taking each other to court.”
Makueni Senator Mutula Kilonzo Jr on Tuesday told the Nation that Kenyans should be ‘very worried” about the current state of the IEBC.
In his statement he said, “Kenyans should be worried that the upcoming by-elections might be thrown out by the courts later because of questions of legality. We cannot assume all is well.”
The IEBC has planned various by-elections in Baringo South constituency, North Kadem ward (Migori County) and Bobasi Chache ward (Kisii County) on August 17, with that of Migori Senate mini-poll coming up on October 18.
The Nation could not get any of the commissioners to comment on the matter on Tuesday, but in a brief tabled before the National Assembly Justice and Legal Affairs Committee, the commission stood its ground, saying it was still able to perform its functions.
According to IEBC in its defence they said, “Save for conduct of plenary sittings, the commission being lawfully constituted, there is no limitation by law on the discharge of the functions of the commission vis-à-vis its current membership.”
IEBC has, in a case by activist Okiya Omtatah, and which will be heard next month, also sought the interpretation of the provision of the IEBC Act that provides that quorum for any plenary sitting should be five.
The commission argues that the section is inconsistent with the Constitution which they argue only sets the minimum and maximum number of commissioners at 3 and 9, respectively.
Even then, the IEBC argued, there was an “intricate-conjoined but distinct relationship” between the commission and secretariat that Mr Chebukati said allowed them to carry out most of the functions.
But even as the discussion over the quorum goes on, the commission has opened its doors for a post-election evaluation that they say will help them prepare better for the next elections.
A defiant Wafula Chebukati had vowed to stay put at the Commission accusing the three commissioners who quit of being unable to accommodate divergent views.
In a three-page statement, Mr Chebukati said that all was well at the commission despite the quitting of Connie Nkatha Maina (vice-chair), Dr Paul Kurgat, and Ms Margaret Mwachanya.