On Monday, the President signed into law the IEBC (Amendment) Bill, 2022, effectively changing the composition of the panel that will hire the new commissioners.
Ruto is now expected to form the panel to start the recruitment to replace the previous commissioners.
But even before the process starts, Raila has warned Ruto against any attempt to single-handedly hire the commissioners and threatened to paralyse the 2027 polls.
“We demand that any attempts to reconstitute the IEBC single-handedly by Mr Ruto cease forthwith so that Kenyans themselves can reconstitute the body after full and fair deliberations,” he said.
The opposition chief declared there would be no general election in 2027 if proper reforms, starting with proper recruitment of the commissioners, are not undertaken at the commission.
“There will be no 2027 election if we do not clean the mess at the IEBC,” he declared during a resistance rally at Kamukunji grounds in Nairobi on Monday.
The demands signal yet another coming political confrontation at the time the opposition is engrossed in bitter exchanges over last year's polls.
"They are going to fight but Ruto is likely to ignore him (Raila). Ruto will proceed and recruit new commissioners, in fact, friendly ones, because Raila has become so predictable," political observer Martin Andati said.
At least six positions of commissioners are available at the polling agency following the retirement of chairman Wafula Chebukati and two commissioners and the resignation of three others.
Commissioners Boya Molu and Abdi Guliye retired alongside Chebukati after serving for six years as provided for in the Constitution.
Justus Nyang'aya, Juliana Cherera and Francis Wanderi resigned as commissioners in the wake of their suspension by the President over their conduct in the August polls.
The lot was pushed out by the President’s team after they disowned the presidential results that declared him the winner over Raila in the August 9 presidential contest.
One commissioner, Irene Marit, is on suspension awaiting the outcome of the tribunal that investigated her conduct, alongside the other three, during the polls.
The new commissioners will oversee the 2027 general election.
The commission is currently being run by CEO Hussein Marjan.
In the new-look seven-member selection panel, Ruto’s team is expected to dominate, something that would give him an upper-hand in the exercise over the opposition.
The panel will be composed of two people picked by the inter-religious council, one person nominated by the Law Society of Kenya and two people seconded by the Parliamentary Service Commission.
One person will come from the Public Service Commission with the Political Parties Liaison Committee also nominating one person.
Ruto, by virtue of his position as president, could have a say in the people picked by the Public Service Commission as well as the Parliamentary Service Commission where his allies dominate.
This will likely to be the case with PPLC, whose membership includes Ruto’s UDA, a party with the highest number of elected leaders in the country.
Ruto has also been close to religious leaders and it is suspected that the inter-religious council would pick people friendly faces to the panel.
With reality dawning, Raila, in what could degenerate into yet another political battle, has demanded that the President stop any attempt to influence the recruitment.
“There will be no reason for citizens of any country to participate in elections only for them to be stolen by domestic cartels in cahoots with foreign companies,” Raila said.
Already, Raila has called for another rally at Jacaranda grounds in Nairobi on Sunday to, among others, push for the "open" recruitment of the commissioners.
The opposition leader has refused to recognise Ruto as President and declared his administration as illegitimate. Earlier, he gave governors permission to work with Ruto for the betterment of their counties.
He claimed the 2022 presidential polls were grossly rigged in favour of Ruto by a cartel, allegedly led by Chebukati, at the commission.
However, Chebukati has claimed that he overcame intimidation and threats by state agencies and delivered a free and fair elections.
Last week, the President claimed top officials in the previous regime had planned to abduct and murder Chebukati after he refused to give in to their demands to "moderate" the election results in favour of Raila, or at least order a rerun..
