The push for a properly constituted electoral body is gaining momentum after Gen Zs joined the course to pile pressure and ensure this is urgently done.
Amid heightened demand for accountability, the Gen Z have vowed to push for reconstitution of Independent Electoral and Boundaries Commission (IEBC) failure to which the youth will occupy IEBC offices across the country to pile pressure.
They want the electoral body reconstructed so that they can have a legal mechanism to recall MPs, who, they say have failed their constituents.
Human rights organisations and political parties have also insisted on the need to fast track reconstitution of IEBC, and pressure is now mounting on President William Ruto over the matter.
Azimio Coalition, led by Wiper Party leader, Kalonzo Musyoka has said that the country is currently at crossroads over delay by the President to assent to the IEBC Amendment Bill, 2024, which seeks to support the electoral body in effectively delivering on its mandate.
The bill intends, among other issues, address the vacancy in the offices of chairperson and members and provide procedure for delimitation of boundaries.
“The IEBC Amendment Bill, which the President has promised to sign into law, we say that this should be done expeditiously so that we can have the process get underway of coming up, as soon as possible, with a new IEBC,” said Kalonzo when he spoke from Meru.
“The only way forward is to have IEBC in place then call for a snap election, and what happened in the UK the other day will surely happen in Kenya, complete wiping out of a corrupt regime, change is everywhere,” he added.
Democratic Action Party of Kenya (DAP-K) party leader Eugene Wamalwa who accompanied Kalonzo said the only way to cleanse Parliament is to ensure an IEBC is in place, affirming the urgent need for the bill to be assented to.
“Ruto should assent to the IEBC Amendment Bill so that we reconstitute IEBC and prepare for a fresh election, where this Parliament should seek a fresh mandate,” Wamalwa said.
Already, ODM has said it will initiate and lead recall processes of Gem, Bondo, Navakholo, Kajiado Central, Ikolomani and Suba South MPs after they voted in support of the Finance Bill 2024/2025 that triggered the Gen Z countrywide revolt.
While a constituency like Banissa has not had an MP since March last year following the death of Kulow Hassan, and a by election cannot be held owing to delayed recruitment of IEBC commissioners.
Before MPs took a short break last month, there was a consensus with their Senate counterparts on the proposed changes in the Bill, which cleared the way for reconstituting the IEBC afresh.
Critical IEBC operations came to a standstill following 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.
The commission’s composition should comprise a chairperson and six other members appointed in accordance with Article 250(4) of the Constitution.
The chairperson and members of the commission should be appointed in accordance with the procedure set out in the First Schedule, with the process of their replacement expected to commence at least six months before the lapse of their term.
The procedure to appoint chairperson and members of the commission involves establishing a selection panel at least six months before the lapse of their term or within 14 days of the declaration of a vacancy in the said offices.
The President then appoints a selection panel consisting of seven persons for the purposes of appointment of the chairperson or member of the commission, which should consist of two men and two women nominated by the Parliamentary Service Commission (PSC), one person nominated by the Law Society of Kenya (LSK) and two persons nominated by the Inter-religious Council of Kenya (IRCK).
The Justice and Legal Affairs Committee, however proposed that the membership of the panel be expanded from the current seven to nine and also include two representatives of the political parties liaison committee.
If the bill passes, the MPs proposed that the selection panel currently in place will be dissolved but the members can be selected afresh in the new one established.
Ruto, through a gazette notice dated February 27, 2023, appointed the seven-member selection panel, two weeks after he declared vacancies at the electoral body, which also paved way for recruitment of new commissioners.
Ruto had picked Bethuel Sugut, Novince Euralia Atieno, Charity S. Kisotu, Evans Misati James, Benson Ngugi Njeri, Nelson Makanda and Fatuma Saman.
The appointment came soon after the tribunal formed to consider a petition to remove Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang’aya as members of IEBC tabled its report to the president.
The tribunal subsequently recommended removal of Masit while Cherera, commissioners Nyang’aya and Wanderi resigned even before the tribunal commenced its work.