It does not go wrong, it starts wrong. The 2027 General Election is being won or lost, stolen or being free and fair in 2023.

As Kenyans are battling the incessant heat, biting drought, rising inflation, a dollar shortage, and a squeeze on their incomes due to endless taxes, an important process – the recruitment of nominees for appointment to the Independent Electoral and Boundaries Commission (IEBC) – is unfolding, seemingly hidden in plain sight.

The official opposition, Azimio, has consistently raised concerns about the ongoing process but it appears to be powerless to stop the juggernaut. Last December, the Kenya Kwanza majority in Parliament guaranteed the passage of the IEBC Amendment Bill 2022.

Elections and governance expert Koki Muli in her column on February 26, 2023, in The Standard, raised concerns about the increased politicisation of IEBC.

“Politicians cannot referee their own game and no one side should determine who should be the referee. Perceptions of injustice can undermine the integrity of an institution and the outcome of its work,” opined Koki.

The IEBC amendments reduced representatives from the Parliamentary Service Commission to two from four and introduced the representation of the Political Parties Liaison Committee (1) and Public Service Commission (1).

In January 2023, President William Ruto signed the Bill into law thereby outlining the process of recruiting new commissioners in the electoral body.

Through a gazette notice dated February 27, 2023, Dr. Ruto appointed a seven-member selection panel, two weeks after he declared vacancies at the electoral body.

The Inter-Religious Council of Kenya (IRCK) is represented by Reverend Nelson Makanda, the General Secretary of the Evangelical Society of Kenya, and Fatuma Saman of the National Muslim Leaders Forum. Evans Misati of the Progressive Party of Kenya represents the Political Parties Liaison Committee, advocate Benson Ngugi Njeri of Igeria and Ngugi advocates represents the Law Society of Kenya (LSK), Bethuel Sugut and Novince Atieno represent the Parliamentary Service Commission while Charity S. Kisotu represents the Public Service Commission.

On Monday, March 6, 2023, the selection panel elected Rev. Makanda as the chairman with Ms. Kisotu as deputy chair.

Capital FM Kenya news reported that after his election, Rev. Makanda had an appeal: “I urge Kenyans to pray for us because this work is not very easy. We want to assure Kenyans that we will do a good job.”

While The Standard quotes Ms. Kisotu as saying: “We will be carrying out our work in a transparent manner and call upon the media to support us. It is our aim to come up with people who will serve this country with dedication as IEBC commissioners.”

On Tuesday, March 7, 2023, the panel advertised in the national dailies inviting suitable candidates for the positions of chairperson and commissioners of the IEBC to apply with the deadline being March 28, 2023.

After conducting the interviews, the selection panel shall select two (2) people qualified to be appointed as chairperson and nine (9) people as members.

They shall then forward the names to the President for the nomination of one person to be appointed as chairperson and six people as members.  

Key points for consideration by the panel and the President throughout the process are the two-thirds gender requirement and ensuring regional balance.

While the process is anchored in law – IEBC Amendment Act 2023 – elections are both legal and political. How will Azimio’s boycotting of the process ultimately impact the credibility of the newly formed IEBC and eventually the credibility of the 2027 elections?

“The Kenya Kwanza regime is hell-bent on proceeding to unilaterally and single-handedly reconstitute the IEBC,” is what Azimio leader Raila Odinga is quoted by Citizen Digital as saying in a media briefing mid-February.

Meanwhile, President Ruto on March 1, 2023, terminated the contract of Irene Masit as IEBC commissioner following recommendations of the Justice Aggrey Mucheule-led tribunal formed in the aftermath of the disputed 2022 General Election.

Before it can oversee the 2027 elections, the newly constituted IEBC will first be tasked with the critical task of boundaries review. This emotive exercise will affect the 290 geographical constituencies in the National Assembly, and 1,450 county assembly wards.