Journey to reconstitute IEBC enters crucial phase tomorrow

The process of setting up a substantive Independent Electoral and Boundaries Commission (IEBC) is beginning to take shape as some of the critical constitutional roles it is mandated to handle await.

Names of the selection panel should be in place 14 days after the signing of the IEBC Bill into law and already bodies have started giving names for their representatives ahead of gazettement, amid optimism that the panel will get it right this time round.

President William Ruto assented to the IEBC (Amendment) Bill on July 9, saying it marked a significant step in the actualisation of one of the recommendations of the National Dialogue Committee.

Speaker of the National Assembly Moses Wetang’ula said the selection panel list should be to be sent to the President for him to appoint a chairman and members, and subsequently be gazetted not later than tomorrow (Tuesday) to allow the team to commence their work immediately.

“We hope that by the close of the week, we should have the selection panel list ready to be sent to the President to appoint a chairman out of them and gazette them not later than Tuesday so that they can start their work,” Wetang’ula said last week.

The panel should comprise nine members, including representatives nominated by the Parliamentary Service Commission, Law Society of Kenya (LSK), Inter-Religious Council of Kenya, Institute of Certified Public Accountants of Kenya (ICPAK) and Political Parties Liaison Committee.

Once in place, the selection panel has three months to ensure it completes the recruitment exercise and forward to the President names of nominees for IEBC chairperson and commissioners. With that the team will have served its mandate.

The Political Parties Liaison Committee has nominated Evans Misati representing non-parliamentary parties, Nicodemus Bore from the majority party and Augustus Muli from the minority Party. 

Inter Religious Council of Kenya has retained its previous nominees namely Dr Nelson Makanda and Fatuma Saman while ICPAK will be represented by Tanui Andrew Kipkoech.

LSK and National Assembly Speaker are expected to give names of their nominees today.

Proper reconstitution of IEBC comes against the backdrop of pressure piling from Kenyans, including politicians and the Gen Z, to have this urgently done as the wave of enhancing accountability gains momentum.

For the Gen Z, they insist on reconstitution of IEBC to have in place a mechanism to recall Members of the National Assembly, who, they feel have failed their constituents.

“Reconstituting the IEBC is long overdue. Some electoral units do not have representation which is unfair to them. Again, we want an avenue to recall some of our MPs if they fail to deliver on their work,” the Gen Zs have insisted.

Human rights organisations and political parties have also insisted on the need to fast track IEBC reconstitution.

A constituency like Banissa has not had an MP since March last year following the death of their MP, Kulow Hassan and a by-election cannot be held owing to delayed recruitment of IEBC commissioners.

Similarly, nomination of Minority Leader in the National Assembly, Opiyo Wandayi to the Cabinet will necessitate declaration of a vacancy in Ugunja constituency.

Again, IEBC is behind schedule with regards to the process of delimitation of boundaries, which should have been concluded by March this year.

Election Observation Group Head of Secretariat, Mule Musau said the country does not have a team to undertake the delimitation process, yet the boundaries have not been reviewed as required, given that the upper limit to do so is 12 years, which ended in March.

This, he said, amounts to a constitutional crisis but welcomed the move to start this process.

“We did not do our boundaries as required by law which is eight to 12 years. As we are aware, we do not have a commission to undertake that process and this presented a constitutional crisis because the Constitution requires us to ensure that we review boundaries within a specified time and since it has not happened for one reason or another, then there is a crisis there,” said Musau, during an X Space session dubbed unpacking boundaries delimitation process.

Parliament has proposed a review of the constitutional timelines to between 10 and 20 years.

Article 89 of the Constitution on delimitation of boundaries stipulates that there should be 290 constituencies for purposes of election of the members of the National Assembly.

The IEBC is mandated to review the names and boundaries of constituencies at intervals of not less than eight years, and not more than 12 years, but any review should be completed at least 12 months before a General Election of members of Parliament.

“The Commission shall review the number, names and boundaries of wards periodically. If a General Election is to be held within 12 months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election,” states the Constitution.

The boundaries of each constituency should be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota.

“The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than 40 per cent for cities and sparsely populated areas and 30 per cent for the other areas,” the Constitution states.

 If necessary, the Commission shall alter the names and boundaries of constituencies and the number, names and boundaries of wards.

Critical IEBC operations came to a standstill following the retirement of former chairman Wafula Chebukati and ex-commissioners Abdi Guliye and Boya Mulu in January last year after serving their six-year non-renewal term.

President Ruto, through a gazette notice dated February 27, 2023, appointed a seven-member selection panel, two weeks after he declared vacancies at the electoral body, which also paved way for the recruitment of new commissioners.

Ruto had picked Bethuel Sugut, Novince Euralia Atieno, Charity Kisotu, Evans Misati James, Benson Ngugi Njeri, Nelson Makanda and Fatuma Saman.

The process to pick commissioners was however halted to await the outcome of the bipartisan talks.