Wetang’ula: Time short for IEBC to redraw boundaries
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Failure to fill vacancies on the electoral agency will delay the process of redrawing contituency boundaries wards, National Assembly Speaker Moses Wetang’ula has warned.
An Independent Electoral and Boundaries Commission (IEBC) without members has also been unable to hold pending by-elections, he said.
Delays have “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… vacancies”.
Court processes are also part of the problem, he said, and even if new commissioners assume office, there may not be enough time to redraw electoral boundaries.
Wetangu’la’s comments came on the day constitutional lawyer Bobby Mkangu said it would be a tall order to redraw boundaries without a full commission in place.
Mkangu, who was on the Committee of Experts for Constitutional Review, said it would be prudent to wait for the Supreme Court to issue its advisory on whether Kenya can review the boundaries after the timeline lapses.
The IEBC said it had sought an advisory from the court on the way forward on the recommendation of the Attorney General.
The AG had advised that reviewing boundaries in the absence of commissioners would be unconstitutional and have far-reaching consequences on political stability and social cohesion.
Boundary rules
Article 89(2) of the Constitution authorises the IEBC to review the names and boundaries of constituencies at intervals of not less than eight years, and not more than 12 years. The last review was in March 2012 and the next one was expected in March 2024 but that did not happen.
Said MKangu: “I think because the panel has 90 days to get the commissioners the earliest we can get them in place is around April, which may be subject to court cases.
“Who knows, by the time the team comes in and starts running, it will be ambitious to think the exercise can commence and be concluded by August next year. The best thing is to wait for the Supreme Court to speak on it and tell us what to do.”
Wetang’ula, who spoke during a mid-term retreat in Naivasha, Nakuru County, for members of the National Assembly, said the Constitution established the current 290 constituencies, and time constraints leave no room to increase the number.
But he added that demographic-based adjustments could allow the IEBC to redraw boundaries by redistributing populations within existing constituencies.
He said: “The importance of having a fully constituted commission cannot be overstated, as it directly affects the conduct of elections and the accuracy of electoral boundaries, which are crucial for fair representation in Parliament.”
Some 11 electoral areas are awaiting by-elections for the National Assembly, with seven vacancies arising from the deaths of ward reps.
Two MP vacancies resulted from President William Ruto’s appointment of former Ugunja MP Opiyo Wandayi and former nominated MP John Mbadi to his Cabinet.
Wetang’ula called on the IEBC selection panel to expedite the nomination of candidates for commissioner.
The nine-member panel, sworn in on Monday, will pick nominees for the positions of chairperson and members of the IEBC. The panel includes Kiome Lindah Gakii, Oloo Adams, James Evans Misati, Nicodemus Kipchirchir Bore, Koki Muli Grignon, Carolene Kituku, Tanui Andrew Kipkoech, Nelson Makanda, and Fatuma Saman.
No representation
Wetang’ula said some constituencies and wards had lost elected representatives but by-elections had not been held, leaving residents without proper representation for extended periods.
He said: “The longer we delay the reconstitution of the IEBC, the more we risk disenfranchising citizens who are entitled to be represented by their elected leaders.”
Majority Leader Kimani Ichung’wah echoed the Speaker’s sentiments, noting widespread disquiet over delays in reconstituting the IEBC.
He noted that the National Assembly had complied with a High Court’s ruling by enacting the Independent Electoral and Boundaries Commission (Amendment) Act, 2023, which facilitated the formation of the selection panel.
“There are various constituencies that remain unrepresented, leaving citizens disenfranchised for far too long. It’s imperative that these gaps are addressed as a priority,” Ichung’wah said.