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Kenya: Court Case Filed to Postpone Elections to 2023 Over Lack of IEBC CEO

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 6 September 2021.

Published on September 6, 2021, a case has been filed at the High Court seeking to postpone next year's elections to 2023, citing the lack of a substantive Chief Executive Officer (CEO) at the Independent Electoral and Boundaries Commission (IEBC).

The case was filed by former nominated Senator Paul Njoroge, who argues that key procurements for election materials will not be undertaken lawfully due to the lack of a CEO. He claims that the electoral body was not properly constituted when it gave directions on the tendering and procurement process for various hardware and software materials, as well as personnel to be deployed in the 2022 Presidential Election.

According to the petition, the post of the CEO fell vacant following Ezra Chiloba's exit in 2018. Marjan Marjan has been holding the Commission Secretary's position in an acting capacity for the last two and a half years. The Independent Electoral and Boundaries Commission has been on the spot for taking too long to recruit a substantive CEO.

Just last week, four commissioners were recruited in a competitive process to fill vacant posts. The applicant argues that President Uhuru Kenyatta and Deputy President William Ruto were sworn into office on November 28, 2017, and that holding the next election on August 9, 2022, would mean they would not have completed their five-year constitutional term.

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