Legislators race against time to hire new IEBC

Members of the National Assembly are burning the midnight oil to reconstitute a new Independent Electoral and Boundaries Commission (IEBC) in a bid to beat this year’s deadline for the boundaries delimitation exercise.

The new commission, expected to be in place in at least three months, is also expected set in motion plans to fill parliamentary and ward seats vacant as a result of deaths and nullification of elections by the courts.

The commission would also be charged with the responsibility to oversee a national referendum should the MPs from across the political divide agree to amend sections of the Constitution to pave the way for the creation of position of Prime Minister and Official Leader of the Opposition.

Essentially, the operations of the panel headed by Dr Nelson Makanda that had been set up by President William Ruto to select IEBC Commissioners and the chairman is set to be halted.

Other members of the current panel that will be disbanded are Bethuel Sugut, Novince Euralia Atieno, Charity S. Kisotu, Evans Misati James, Benson Ngugi Njeri and Fatuma Saman.

Last Thursday, Leader of Majority in the National Assembly tabled the Independent Electoral and Boundaries Commission (IEBC) Amendment bill 2024 that seeks to appoint the new commissioners as well as outline how the boundaries review process would be conducted.

The Bill is jointly sponsored by Ichungwa in his capacity as the Majority Leader, and his Minority counterpart, Opiyo Wandayi.

Boundary delimitation

The MPs set in motion plans to jumpstart the delimitation exercise that had stalled because of a dysfunctional electoral commission.

Members of the public have until March 21 to submit any memorandum to the departmental committee on Justice and Legal affairs.

The bill is a product of the National Dialogue Committee (NADCO) which was formed as a result of negotiations of the bipartisan team encompassing leadership from the Kenya Kwanza Alliance and that from the Azimio la Umoja coalition.

Reads a statement from the National Assembly clerk Samuel Njoroge; “The memorandum may be forwarded to the clear of the National Assembly, to be received on or before Thursday 21 March 2024 at 5.00 pm.”

Adds the bill: “The bill seeks to give effect to some of the recommendations and views of the public that were submitted during the National dialogue discourse on the issues of Electoral Justice and related matters.”

The amendment bill seeks to amend the second schedule to the Act to increase the number of members of the selection panel that will interview and shortlist chairpersons and commissioners from seven to nine in order to accommodate a wide spectrum of stakeholders and interest groups.

Cannot transaction business

At the moment the commission cannot transact any business as the term of the former commissioners including chairman Wafula Chebukati and commissioners Boya Molu and Abdi Guliye came to an end while three of the four commissioners Juliana Cherera, Francis Wanderi and Justus Nyang’aya quite to avoid facing the Aggrey Muchelule Tribunal t formed to investigate her while the fourth commissioner Irene Masit was forced out after the tribunal recommended for her sacking.

The panel shall consist of two persons nominated by the Parliamentary Service Commission (PSC) representing the majority and minority parties or coalitions, three persons nominated by the political parties Liaison committee one person nominated by the Law Society of Kenya (LSK), one person nominated by the Institute of Certified Public Accountants of Kenya (ICPAK) and two persons nominated by the Inter-religious Council of Kenya.

Reads the bill: “The selection panel existing immediately at the commencement date of this Act ceases to exist but a person who served as a member of that selection panel may be nominated to serve as a member of a selection panel appointed under this Act.”

The Bill also seeks to amend section 36 of the principle Act to include a new subsection that says: “subject to this section, the provisions set out in the fifth schedule apply during the process of delimitation of the electoral units.”

The bill also seeks to provide the process that will be followed in the review exercise including issuance of a notice for the delimitation of electoral units that include various particulars including the proposed delimitation of boundaries for wards, the actual proposed names of every constituency and wards and the description of the boundaries showing the specific geographical and demographical details, the reference materials to be use, ascertainment of the inhabitants in Kenya using the figures contained in the latest official Population census report. The latest census done in 2019 shows that Kenya’s population stand at 47,564,296

Reads the bill: “The Kenya National Bureau of Statistics, shall as soon as possible after the completion of every national census, submit a copy of the report in the prescribed format to the constitution.”

Others are publication of the preliminary report, public sensitization, and preparation of the revised report, preparation and dissemination of maps, review of decisions of the commission, maintenance of records as well as definition of duties of certain officers to co-operate with the commission.