IEBC bosses fail to agree on by-election dates

Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati and his two commissioners were Thursday yet to agree on the date of the by-elections in Embakasi South and Ugenya constituencies, a week after Speaker of the National Assembly Justin Muturi officially declared the seats vacant.

Mr Chebukati and Commissioners Boya Molu and Abdi Guliye met on Monday at Anniversary Towers, the commission’s offices, to set the date, immediately they got notifications from Mr Muturi, but failed to agree. “The commissioners agreed to hold subsequent deliberations before announcing the date,” a source at the IEBC told Nation in confidence.

On December 21, 2018, the Supreme Court nullified the victories of MPs Christopher Karan (Ugenya) and Julius Mawathe (Embakasi South) in the August 8, 2017 general election on grounds that they were not validly elected.

90 DAYS

Former Ugenya MP David Ochieng’ challenged the victory of Mr Karan while former Embakasi South MP Irshad Sumra petitioned against Mr Mawathe’s election.

Section 16 of the Elections Act provides that a vacancy in the office of an MP shall be deemed to occur on the date the Speaker of the relevant House issues a notice to the commission.

The Elections law further provides that the IEBC shall, within 90 days from the receipt of the notice, announce the date, make the necessary preparation and conduct the by- elections in strict compliance with the law and the constitution.

This means that the 90 days start counting from January 4, 2019, when Mr Muturi notified the commission. However, Nation has established that while Mr Chebukati favoured an earlier date, Mr Molu and Mr Guliye wanted the date set in early April.

A decision on the date is crucial to enable the National Treasury to plan and release funds in time to allow the commission hire staff as well as acquire the material needed in the polls.