Talks team wants radical reforms at polls agency

The structure of the electoral commission will change drastically should the recommendations of the National Dialogue Committee be adopted.

This even as the committee recommended that both President William Ruto and Azimio leader Raila Odinga consult on who will ultimately be appointed to the Independent Electoral and Boundaries Commission (IEBC).

“Kenya Kwanza and Azimio coalitions shall request the leadership of the two coalitions to consider the need for consultation and concurrence before the President exercises the power of appointment of the chairperson and members of IEBC,” reads part of the report.

In a departure from the status quo, the committee recommends that the First Schedule to the Independent Electoral and Boundaries Commission Act, 2011 be amended to establish a Selection Panel consisting of nine persons instead of seven.

The report recommends that in the new dispensation, two persons will be nominated by the Parliamentary Service Commission (PSC), representing the Majority party or coalition of parties and minority party or coalition of parties, three persons nominated by the Political Parties Liaison Committee and one person nominated by the Law Society of Kenya (LSK).

In addition, one person will be nominated by the Institute of Certified Public Accountants of Kenya (ICPAK) and two persons nominated by the Inter-religious Council of Kenya (IRCK) to the Selection Panel.

“The Independent Electoral and Boundaries Commission Act, 2011, be amended to provide that the respective nominating bodies shall select the nominees for appointment through a competitive and transparent process and ensure that no more than two-thirds of the nominees are of the same gender,” reads part of the report.

Further, the Wiper leader Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung’wah-led 10 member committee recommends that the IEBC Act, 2011 be amended to provide that the Selection Panel shall within 90 days of appointment finalize the recruitment and forward the names of nominees to the President.

Commissioners role

In addition, NADCO recommends that Section Six of the IEBC Act, be amended to include experience in Information and Communication Technology (ICT) and accounting as professional qualifications for appointment as a member of the Electoral body.

And in order to cure last election’s controversy over the presidential results, the committee has recommended that the Electoral agency shall within three months of its reconstitution develop internal guidelines delineating the administrative and policy responsibilities of the Chairperson and Commissioners and institutional guidelines on administrative and policy functions.

“Article 138 of the Constitution be amended to clarify on the role of the other commissioners before the Chairman declares the final Presidential results,” reads part of the report.

The report further prosposes that the IEBC law should be amended to provide that the secretary of the Electoral Commission shall hold office for a term of three years but shall be eligible for re-appointment for one further term of three years.

“The commission shall after every general election review its operations and make the necessary changes required to make its operations more efficient, effective, transparent and accountable.”

And on Boundaries delimitation, the committee notes that Article 89(2) of the Constitution be amended to provide that the IEBC shall review the names and boundaries of constituencies and wards at intervals of not less than 10 years and not more than 20 years.

“The procedure for delimitation of the boundaries be provided for in the Independent Electoral and Boundaries Commission Act, 2011. Parliament shall within six months of the adoption of the report enact the County Boundaries Bill, 2023 to provide a legislative framework for review of the County boundaries as provided for under Article 188 of the Constitution.”

According to the report, Article 140 (2) of the Constitution should be amended to increase the timelines within which the Supreme Court shall hear and determine a petition challenging the validity of presidential election from 14 to 21 days.

Campaign financing

In addition, the committee recommends that the IEBC conducts a comprehensive review of the past three general elections with a view to recommending to Parliament the viability of staggering the elections and that the security of election officials should be guaranteed before, during and after elections.

“The Committee recommends that the IEBC shall within one year of its reconstitution submit to Parliament the Election Campaign Financing Regulations.”

In order to have adequate time for preparations for elections, the committee recommends that the Electoral laws should be enacted at least 18 months to a general election and that Parliament should amend the Elections Act, and IEBC Act to repeal the various provisions of the laws that were declared unconstitutional by the court.