Will this man, Charles Nyachae, be the next IEBC chairman?

Charles Ayieko Nyachae is no stranger to power, legacy, or controversy. The 67-year-old lawyer has spent a lifetime navigating the complex intersections of law, politics, and public service often with a towering family name behind him.

He is the son of the late Simeon Nyachae, a powerful Cabinet Minister and Ford People party leader, and grandson of colonial Chief Mzee Musa Nyandusi.

Charles Nyachae grew up in a household steeped in influence and tradition.

A graduate of the London School of Economics and the Kenya School of Law, Nyachae holds multiple degrees including Master of Laws (LL.M) from the University of London, a Bachelor of Laws (LL.B) from the University of East Anglia in Norwich, England, and a Bachelor of Arts from the University of Stirling in Scotland.

The former chairperson of the Constitutional Implementation Committee was called to the Bar of England and Wales in 1983 and admitted to the Kenyan Bar in 1986.

His legal journey began in 1983, when he was called to the Bar of England and Wales at Lincoln’s Inn. He was then admitted to the Attorney General’s Chambers in Nairobi, where he worked in legislative drafting and commercial litigation before establishing his own law firm, Nyachae & Ashitiva Advocates.

Nyachae has served in several key roles, including Chair of the International Commission of Jurists (Kenya Section), Council Member of the Law Society of Kenya, and Chairperson of the Institute for Education in Democracy.

He is the chairperson of the council of the Kenya School of government (KSG), a position he was appointed by President William Ruto in January 2024.

However, his tenure as Chairperson of the Commission for the Implementation of the Constitution (CIC) from 2010 to 2015 brought him national prominence.

In the wake of Kenya’s historic 2010 Constitution, Nyachae was tasked with overseeing one of the most ambitious constitutional transitions in Africa. He called it “irreversible,” a transformation he fiercely believed in.

“Constitutional implementation is a long-term process, but without political will, many of its aspirations will remain on paper,” he said during an interview.

His time at CIC was marked by frustrations like low public participation, institutional turf wars and the messy birth of devolution.

“There were no clear handover regulations,” Nyachae once noted, a factor he believes contributed significantly to the current devolution crisis. Still, he has never wavered in his defence of the process.

Nyachae’s public service didn't end with CIC. In 2018, he was appointed as a Judge in the East African Court of Justice (EACJ), a position he resigned from in 2023, citing dysfunction and underfunding at the regional level.

Back home, his forays into elective politics were less successful. In 2017, he ran for Kisii Senatorial seat on the Jubilee ticket but lost.

Known to align with ruling powers, Nyachae remains a political ally of both former President Uhuru Kenyatta and, more recently, President Ruto.

His name has once again surfaced nationally after being shortlisted among 11 candidates for the position of Chairperson of the Independent Electoral and Boundaries Commission (IEBC). The final report has already been handed to President Ruto.

“I have no hesitation in believing that I can do it,” he said during the selection interviews.

Nyachae is entangled in a protracted family succession dispute over his late father's Sh2 billion estate.

The legal battle pits him against his stepmother, Grace Wamuyu, and other family members, a reminder that even the most accomplished legal minds can find themselves in deeply personal legal struggles.

Now serving as Chair of the Council of the Kenya School of Government, Nyachae has indicated he would step down if required, but his commitment to public service remains.

His critics argue that his efforts at constitutional reform were at times too legalistic and not bold enough politically. His supporters counter that few have fought harder or longer for institutional reform in Kenya.

But despite his political lineage, he has always insisted that his path was carved not by birthright, but by conviction.

And Nyachae is likely going to take over the commission dogged by declining public trust in its ability to conduct its mandate.

Although he promised to restore trust a top priority, saying all commission activities from day one would be geared toward closing the trust gap, the commission has often been perceived to lack independence, with internal disagreements among commissioners publicly undermining its credibility.

“I do not intend to lose my life serving the people of Kenya as Chair Commissioner of IEBC. I have no intention at any point of compromising on integrity,” he told the interview panel.

This comes amid mounting pressure to deliver a credible entity to referee the 2027 General Election.

A full in-tray awaits the IEBC, which could tentatively be in place by June. Among the tasks its new commissioners will be expected to undertake is a slew of by-elections for constituencies and wards without representation for nearly a year.

At the same time, IEBC is supposed to prepare for a credible 2027 General Election. Concerns had been raised over the delay in reconstituting the commission, which contributed to stalling of crucial activities like boundary delimitation.

Article 89(2) of the Constitution provides that the IEBC should review names and boundaries of constituencies at intervals of not less than eight years, and not more than 12 years, with the last review carried out in March 2012.

March 2024 was the desired deadline for the exercise, which has long elapsed even as questions emerge whether this exercise will still be undertaken amid strained timelines.

Once in place, expectations are that the IEBC will conduct by-elections at a time there have been massive political shifts away from the scenario in 2022 elections.

Already, the President is running a broad-based government, which has seen the incorporation of those who voted against the Kenya Kwanza Government in the last elections.

At least 12 areas require by-elections for the National Assembly, other vacancies arose from deaths of Members of County Assemblies (MCAs) while others resulted from appointment to Cabinet.

At the same time, National Assembly Speaker Moses Wetang’ula said the boundary delimitation process may be the biggest casualty of the delayed reconstitution of the electoral agency. 

“The delay in the reconstitution of IEBC stalled crucial activities, including boundary delimitation, which is vital for the country’s electoral system, as well as the timely conduct of by-elections in constituencies and wards that have experienced vacancies,” said Wetang’ula.

“It is also true that the delay in the reconstitution of IEBC, we have lost a lot of time because of being embroiled in court. We do not know whether there will be a possibility in the boundaries delimitation once the new commissioners assume office,” he added.

Wetang’ula, however, pointed that demographic-based adjustments could allow the IEBC to redraw boundaries by redistributing populations within existing constituencies