Kenyans have continued to pile pressure on the government, demanding the reconstitution of a new electoral body, the Independent Electoral and Boundaries Commission (IEBC).

On Saturday December 7, 2024, Kenyans launched a social media campaign to persuade the government to speed up the process of constituting a new IEBC under the hashtag  #appointiebcnow.

Several Kenyans on social media raised concerns about the need for formation of the new electoral body, approximately three years to the 2027 general elections.

“Even without the Wiper representative at the IEBC Selection Panel, I agree with Justice Lenaola. The Panel is Quorate. I urge the other members to meet on Monday and kick off the process of advertising for IEBC Commissioners latest by Friday 13th December. We are living dangerously without an electoral body,” former CS Moses Kuria posted on X. 

However, the process of appointing new IEBC commissioners has been stifled by two court cases and Kenyans may have to wait longer.

In August 2024, the Political Parties Disputes Tribunal (PPDT) issued an interim order stopping President William Ruto from appointing the IEBC selection panel until a dispute over a nominee is resolved.

This was after Augustus Kyalo Muli of the National Labour Party moved to court to sue Azimio la Umoja for attempting to delist him from the list presented by political parties. 

According to NLP, Kyalo was duly selected in July amid an onslaught from Ambassador Koki Muli, who was strongly backed by Wiper leader Kalonzo Musyoka.

Another petition by Boniface Njogu filed at the Kiambu High Court in October 2024, also challenged the appointment of the nominees to the IEBC selection panel, claiming a lack of representation of persons living with disabilities.

This petition ultimately halted the panel-selection process as Kiambu High Court judge Dora Chepkwony gave conservatory orders barring the appointment of the panel until the matter was heard. The matter is set to be determined on January 25, 2025.

With the pending court cases, the country continues to grapple with the reality of a potential electoral crisis, as there has been no functional IEBC, two years since the last commission left office.

Meanwhile, three constituencies in the country – Banisa, Ugunja, and Magarini – lack representation in the National Assembly since it is impossible to conduct by-elections without a properly constituted IEBC.

Banisa Constituency has remained without an MP following the death of Kullow Hassan in March 2023.

Magarini Constituency has remained vacant since March 2024 after the Supreme Court nullified the August 9, 2022 election of Harrison Kombe.

The Ugunja parliamentary seat fell vacant following the appointment of former MP Opiyo Wandayi as the Cabinet Secretary of Energy and Petroleum.

In addition, several Wards in different counties lack representation at county assemblies over lack of by-elections to elect new MCAs.