Senate begins process to pick Chebukati successor

The process to reconstitute the Independent Electoral and Boundaries Commission (IEBC) edges closer as Parliament reconvenes today at a special session to consider the bill that seeks to form the selection panel.

Senate Speaker Amason Kingi has recalled senators for a special sitting today to debate the Bill that seeks to change the composition of the IEBC selection panel.

It is the second time that the Senate has been called for a special sitting during the current recess, the first one being in December when senators convened to determine the fate of Meru Governor Kawira Mwangaza.

In the gazette notice released yesterday, Kingi said senators will prioritise the Independent Electoral and Boundaries Commission (Amendment) Bill, 2022.

“In accordance with Standing Order 33 (5) of the Senate Standing Orders, the business specified in this Notice shall be the only business before the Senate during the special sittings,” Kingi said in the notice.

Chebukati and Commissioners Boya Molu and Abdi Guliye retired on Tuesday after the expiry of their six-year term as provided for in the Constitution.

Commissioners Juliana Cherera, Justus Nyang’aya and Francis Wanderi resigned in the wake of their suspension and formation of a tribunal to investigate their conduct in the August 9, 2022 General Election.

Conduct recruitment

The tribunal has since kicked off hearings on the removal of Commissioner Irene Masit.

The panel will conduct the recruitment of IEBC commissioners following the retirement and resignation of the seven commissioners.

Before the motion, Elgeyo Marakwet senator-elect William Kipsang will be sworn in during the day-long sitting.

Kipsang was elected during a by-election on January 5 to succeed Kipchumba Murkomen who was picked by President William Ruto as Transport CS.

President William Ruto has directed MPs allied to his coalition to fast-tracking the amendment to change the composition of the selection panel ahead of the declaration of the vacancy at the commission.

“We intend to conclude on it as it is urgent. IEBC lacks commissioners, therefore, there is a need to set up a selection panel,” Senate Majority leader Aaron Cheruiyot said.

In his farewell message, outgoing chairman Wafula Chebukati called on the immediate reconstitution of the electoral commission and proposed that the process be completed two years before the general elections to give commissioners ample time to prepare.

Section 7A (2) of the IEBC Act provides that the President shall declare a vacancy in the commission within seven days of the occurrence of a vacancy in the office of the chairperson or a member of the commission.

In the Bill sponsored by National Assembly Majority Leader Kimani Ichung’wa, two slots are being taken away from the Parliamentary Service Commission in the selection panel.

If the bill sails through, the slots will go to the Public Service Commission and Political Parties Liaison Committee. The panel has seven members.

In its current composition, the Parliamentary Service Commission has four slots in the panel that were picked by parliamentary parties from the majority and minority parties.

In the proposed amendments, the Law Society of Kenya has been given one slot with the remaining two going to religious organisations.

While moving the motion, Ichungwa urged the house to expedite the process of passing the IEBC amendment bill to avert a crisis due to lack of a substantive poll body.

“The country runs a risk of running without a commission and it’s important we expedite it before we head on recess. It will allow the Senate time to deal with it because it touches on counties, “said Ichungwa.

Voter education

“With the three commissioners’ term coming to an end and with the fate of the other four in the hands of this assembly, should anything adverse be decided on them, we ran the risk of being without a commission, “he added.

Chebukati and the two other commissioners were appointed on January 18, 2017, seven months to the August 8, 2017 election. “We had very limited time to understand the infrastructure of the election and the architecture of the commission. Additionally, the processes had been concluded and there was no time to make any major reviews or adjustments,” Chebukati said during his farewell ceremony.

According to the outgoing chairman, the commission should have commissioners at least two years to the poll to avoid the rush that could affect the outcome of the election.

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