The two political protagonists are embroiled in a bitter war of words that political observers have directly linked to the 2027 election.
President William Ruto and Azimio leader Raila Odinga are fighting over a push to remove the IEBC Four just as chairman Wafula Chebukati and two other commissioners are about to retire.
"It is simple. What we are seeing is 2027 [General Election] already in operation,” political observer and university don Macharia Munene said.
The four commissioners – Juliana Cherera (vice chairperson), Justus Nyangáya, Irene Masit and Francis Wanderi – have been accused of being sympathetic to the opposition.
They rejected the results of the hotly contested August 9 presidential election, moments before Chebukati declared Ruto the winner.
They termed the results "opaque", saying Chebukati sidelined them in the verification prior to the announcement of the final tally at Bomas of Kenya.
Chebukati and commissioners Boya Molu and Abdi Guliye, believed to be pro-government, are set to retire on January 19, 2023, after serving for six years.
The Constitution provides for the chairman and commissioners of IEBC to serve for a six-year non-renewable term.
The four commissioners took office in September 2021 and are scheduled to exit in September 2027, after the general election, if they serve their full terms.
Ruto backers believe that Raila could have had a hand in the recruitment of the four because of his closeness to the powers that be – then.
If the push to impeach the four commissioners succeeds, the IEBC will be left without a single commissioner.
Recruitment will then be done to fill all the positions.
But this may not go down well with the opposition as it may not influence the hiring of the new commissioners who will oversee the 2027 general election.
“The rule of law must prevail and not your jungle laws that you want to institute so as to subjugate Kenyans to a conveyor belt system of elections come 2027,” Raila fired back at Ruto in a tweet on Friday.
Raila said he and the entire opposition brigade will not relent in their bid to protect the four commissioners.
The President had fired the first salvo at Raila for attacking the ongoing hearing in Parliament to kick out the four.
“The lords of impunity, who destroyed oversight institutions using the handshake fraud, should allow parliament to hold rogue officials who put the nation in the danger by subverting the democratic will of the people to be held to account,” the President said.
The tweet exposes Ruto’s keenness to see the IEBC Four out of the commission to pave the way for fresh recruitment of all the commissioners and the chairman.
The President, who wields massive political and executive powers, pundits believe, will likely have a big say in the recruitment of the new commissioners who will preside over his reelection bid in 2027.
The new commissioners will also oversee by-elections in areas where courts will order fresh polls.
Immediate by-elections; for Bungoma senator, Elgeyo Marakwet senator, Garissa Township MP and Kandara MP will be conducted by the Chebukati-led team as they will still be in office.
“New order is rule of law not wishes of big men,” Ruto told Raila in an apparent attack at his handshake with former President Uhuru Kenyatta.
Senate Majority leader Aaron Cheruiyot, a confidant of the President, attacked Raila over the remark Ruto was keen to take back the country to ‘Nyayo days'.
“I agree with Tinga that Nyayo days were really bad, the torture chambers were evil, terrible. However, the handshake days are the worst of our nation’s history,” he said.
Suna East MP Junet Mohamed, a close ally of Raila, attacked the President, saying he is keen to form a "Ruto commission for 2027".
“The foundation of impunity is electoral fraud perpetuated by Chebukati and forming Ruto commission for 2027,” he said.
The National Assembly Minority Chief Whip said Parliament has been captured by State House, and cannot hold the four commissioners to account.
Prof Munene opined that Raila is exploiting the push to remove the commissioners to find his footing in politics after the shocking loss to Ruto in August.
“This is an opportunity that has arisen for Raila to redeem himself. He lost the election, so he wants to regain the ground and relevance,” he said.
The four embattled commissioners, commonly referred to as the IEBC Four, are currently fighting for their jobs as a parliamentary committee conducts hearings on petitions seeking to remove them.
Raila, his former running mate Martha Karua and Wiper boss Kalonzo Musyoka attended the first hearing by the National Assembly’s Justice and Legal Affairs committee.
The hearing was marred by shouting marches and mass walkouts by opposition MPs and their leaders.
“The injustice being inflicted on the IEBC commissioners, if proceeds as currently conceived, will mark the beginning of a massive pushback against Ruto and those who think like him, by the people of Kenya. We will openly and robustly lead that pushback,” Raila told a press conference after attending the hearing.
The petitions filed by the Republican Party, Rev Dennis Ndwiga, Geoffrey Langat and Owour Jerry all accuse the four of gross violation of the Constitution and incompetence.
On Friday, two petitioners argued their cases before the committee chaired by Tharaka MP Gitonga Murugara.
Langat wants the National Assembly to “take the necessary steps outlined in the Constitution on the removal of commissioners”.
Owuor says the petition is urgent and has urged the National Assembly to quickly consider it, “vote on it, and transmit it to the President for appointment of a tribunal to investigate the conduct.”
On Thursday, petitioners Ndwiga and the Republican Party made a case for their petition.
But lawyers representing the four commissioners sought to discount the petitioners, saying the committee lacked jurisdiction to hear the cases.
They also argued that all the commissioners enjoy immunity under the law with respect to their actions while in office.
“All four petitions cite provisions of the Public Officer Ethics Act. Section 35 has a procedure to be used to deal with cases of misconduct. The complaints should be addressed to a commission created under the Act,” Nyang'aya’s lawyer Jotham Orwa submitted.
But the committee ruled that it has the power to hear the petitions.
Edited by Josephine M. Mayuya
