Speaker recalls Senate to table report on IEBC Amendment Bill 2022

Senators have been recalled for a special sitting today at 2.30pm to fast-track the IEBC (Amendment) Bill 2022. This follows the exit of the Independent Electoral and Boundaries Commission chairman Wafula Chebukati and commissioners Abdi Guliye and Boya Molu at the polls agency.

The law says at least six months before the expiry of the term of the chairperson or a member of the commission or within 14 days of the declaration of a vacancy in the office of the chairperson or member of the commission, the President shall appoint a selection panel.

The panel shall consist of seven members. But with the IEBC (Amendment) Bill 2022 yet to be approved by Parliament, Ruto cannot gazette the selection panel yet until he signs the Bill into law.

The National Assembly already approved the radical amendments to the law on the panel that will select, interview and pick the next IEBC commissioners last month.

During the sitting, the House will transact two businesses namely: the swearing in of William Kipkemoi Kisang, the Senator-elect for Elgeyo Marakwet County; and consideration of the Independent Electoral and Boundaries Commission (IEBC) (Amendment) Bill, 2022 (National Assembly Bills No. 49 of 2022).

First Reading

Senators are on recess and are expected to resume normal sitting on February 14.

Senate Justice and Legal Affairs Committee (JLAC) chair Bomet Senator Hillary Sigei, is expected to table its report and recommendations on the Bill, on whether the House should adopt or reject the amendments of the Bill. The Bill was introduced in the Senate for its First Reading last month.

The IEBC (Amendment) Bill 2022, signed by National Assembly Majority Leader Kimani Ichung'wa (Kikuyu MP), seeks to reduce the allocation of the Parliamentary Service Commission (PSC) which nominates four of the seven members of the panel as it aims to change the composition of the selection panel.

It, therefore, means the majority and minority parties will each select one person to represent them in the selection panel.

"The selection panel shall consist of one man and one woman nominated by the PSC, one person nominated each by the Public Service Commission, one person nominated by the Political Parties Liaison Committee, Law Society of Kenya (LSK) and two persons nominated by the Inter-Religious Council of Kenya (IRCK)," the Bill reads.

It states that the selection panel shall consist of two men and two women nominated by the PSC, one person each nominated by LSK and two persons nominated by the IRCK.

With the commission only having one commissioner Irene Masit, who is currently suspended as the tribunal looks into her conduct in last August's election, the lawmakers seem to fast-track the process for the Chebukati vacuum to be filled.

Six commissioners

The recruitment of at least six commissioners is expected to start as early as next month, following the retirement of the trio and resignation of three others - former vice chair Juliana Cherera and commissioners Justus Nyang'aya and Francis Wanderi.

The three resigned in the wake of their suspension and the formation of a tribunal to investigate their conduct in the August 9, 2022 polls.

They had indicated that they were opposed to the results that declared William Ruto president. Ruto last year gazetted vacancies for the position of IEBC chairperson and two commissioners.

According to the Act, a person is qualified for appointment as a member of the section panel if he or she is a Kenyan, meets the requirements of leadership and Integrity and holds a degree from a university recognised in Kenya.

Should the Senate follow suit and approve the amendments, the Bill will be taken back to the National Assembly where it will then be forwarded to the president to sign it into law. However, should they reject it, it will have not much impact.

The relevant institutions will then be expected to nominate their names for approval by the National Assembly, and then be gazetted by the president. This will be followed by interviews of who will become the fourth IEBC chair and the new commissioners.

The selection panel shall elect a chairperson and vice chairperson from among its membership with PSC required to provide secretariat services and facilities.

After conducting the interviews, the panel shall select two people qualified to be appointed chairperson and nine others qualified to be appointed as members of the commission. They will then forward the names to the President.