Is the IEBC mandate restricted merely to accepting names of candidates from parties?
“….IEBC have really mistreated this lady (Wavinya Ndeti) more than required… If IEBC are trying to steal Machakos from Nasa in broad daylight, they are forcing it to the extent of bringing an IEBC lawyer. Their job is to wait for the names of candidates… But then they start saying this is the candidate, this is the candidate….”
- Kalonzo Musyoka at a Rally in Kitengela on 20 June 2017
The Nasa running mate was referring to a decision by the Independent and Electoral Boundaries Commission (IEBC) to bar Ms Wavinya Ndeti for running for Machakos Governor on a Wiper ticket, which has since been set aside by the High Court.
The commission argued that Ms Ndeti was also a member of Chama Cha Uzalendo and had not properly resigned before joining the Wiper Party. However, in Kitengela, Mr Musyoka took aim at the IEBC, essentially saying the commission had to accept the names given by parties.
That claim is contradicted by the IEBC Act, which lays out the functions of the Commission.
REGULATION OF THE PROCESS
Section 4 (d) says the commission is responsible for “the regulation of the process by which parties nominate candidates for elections.” Section 4(e) adds that the commission is responsible for the settlement of electoral disputes “including disputes relating to or arising from nominations”.
However, the commission is not responsible for “election petitions and disputes subsequent to the declaration of election results”, which are handled by the courts. So Mr Kalonzo's claim is false