Gakuya proposes postponing elections to allow proper IEBC reconstitution
Embakasi North MP James Gakuya has called for a postponement of the next general elections to ensure proper reconstitution of the Independent Electoral and Boundaries Commission (IEBC), amid an ongoing legal challenge to the nomination process.
Speaking on a local media station on May 20, 2025, Gakuya raised concerns about irregularities in the selection of IEBC commissioners, particularly questioning the inclusion of Hassan Noor, whose name was not on the initial shortlist.
According to Gakuya, the controversy surrounding the inclusion of Commissioner Hassan Noor raises serious concerns that must be addressed before the process can proceed.
“There was an omission. Why wasn’t there a presentation of that single name separately? Why were the other six escorting that particular one? You are putting the whole process into question,” he said.
Arguing that the Constitution allows flexibility in election timelines under exceptional circumstances, Gakuya insisted that rushing a flawed process for the sake of adhering to the electoral calendar would be irresponsible.
“I am saying we better delay the process for a month or two and have a proper answer,” Gakuya stated.
“The country is not moving anywhere. We can change the date. The date is in the constitution, but let me tell you, issues can come. There can be a calamity which can stop an election, there can be anything that can stop an election,” he said.
Judicial intervention
The MP’s remarks come a day after Justice Lawrence Mugambi issued a temporary order stopping Parliament from proceeding with the vetting of the seven IEBC nominees, including Chairperson-designate Erastus Edung Ethekon, until May 29, 2025, when the court is expected to make a final determination on the matter.
The petitioners, Kelvin Omondi and Boniface Mwangi, represented by Senior Counsel Paul Muite and lawyer Ochieng Odinga, have particularly taken issue with the inclusion of Commissioner Hassan Noor, arguing that the whole nomination process was marred by irregularities, violated constitutional provisions, and failed to uphold public participation.
“We do not wish the justice system here again to undermine our people; it is therefore critical and vital that care be taken in the manner in which we go forward in the future; that is something that the panel failed to do,” Muite told the court.
Supporting their arguments, the petitioners stated that the selection was not based on merit, as some of the candidates did not achieve high scores in the interviews, and some had integrity issues, while other candidates were irregularly added to the shortlist, thus compromising the process.
“That the nominations are not only illegal but also unconstitutional for failing the requirements of public appointments as espoused under Articles 10, 232 and 250(3) & (4) of the Constitution of Kenya, 2010, as read with the Independent Electoral and Boundaries Commission Act and the Public Appointments (Parliamentary Approval) Act, Chapter 7F, Laws of Kenya,” the petition states.
The petitioners further argue that the final list of nominees fails to reflect regional and ethnic balance or include persons with disabilities, in accordance with Articles 10, 27(1), 232 and 250(3) & (4) of the Constitution.
“The list containing the nominated chairperson and commissioners for the Independent Electoral and Boundaries Commission is unconstitutional and illegal, as it is discriminatory and failed to include any person with a disability,” the petition asserts.
Political interference
Echoing the petitioners’ concerns, Gakuya argued that the last-minute inclusion of Noor’s name raises questions about possible political interference in the IEBC selection panel, which is chaired by Nelson Makanda.
“We don’t know why the list was sneaked at the last minute to include Noor Hassan as part of the commission. Those are the questions we want to hear answers to,” he stated.
He emphasised that any deviation from constitutional procedure, especially regarding the composition of the electoral commission, would risk the integrity of future elections, insisting that getting the process right is more important than adhering to strict timelines.
“If the judiciary says fine, they have justified the reason for sneaking the sixth number, then as Kenyans, we’ll say yes, we have gotten justice,” Gakuya said.
“But if they say the process was flawed, then we must begin afresh,” he added.
