By Oscar Obonyo
In what could be one of its most immediate positive gestures, the proposed constitution may put to end the acrimonious debate on the constituency boundary review. The new document suggests a balanced five-point approach.
According to the proposed law, determination of boundaries and names of constituencies, "shall take into account population density, geographical features, urban setting, history, diversity and cohesiveness (of the constituents)".
If agreed upon, this piece of legislation could calm political temperatures that have risen in PNU and ODM camps over the "one-man-one-vote" versus "one-kilometre-one-vote" principles.
In the stand-off that has threatened to derail boundaries review, politicians have differed over demarcation of constituencies on account of population figures or expansiveness.
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Contrary to demands by MPs that a definite number of new constituencies be agreed upon, proposed electoral laws are silent on this matter.
States clause 112, subsection (3a): "The commission shall seek to achieve an approximate equality of constituency population, subject to the need to ensure adequate representation for urban and sparsely populated areas." Subsection (3b) gives an even more generalised guidance: "The commission shall take account of the history, diversity and cohesiveness of the constituency".
The electoral units, according to the proposals, shall be reviewed at intervals of not less than eight and not more than 12 years.
before elections
The said clause clarifies that this shall be completed at least 18 months before an election.
This practically gives the Andrew Ligale-led boundaries commission adequate time extending over one- and-a half years. The said duties shall be vested in a new body, Independent Electoral and Boundaries Commission (IEBC). Ideally the new law disbands IIBRC and IIEC and proposes a merger between the boundaries’ commission chaired by Mr Andrew Ligale (above) and Ahmed Issaak Hassan-led electoral commission ahead of 2012 General Election.
The new body is charged with, among others, the duty of promoting and conducting free and fair elections as well as referendum.
Separately, parliamentary aspirants may no longer dance to the whims of political party leaders — thanks to the proposed laws that will recognise partyless candidates.
The move gives a lifeline to individuals, whose political ambitions have solely depended on the goodwill of party leaders.
