Boundary team pledges 80 new constituencies in three months

By Beauttah Omanga

The national constituency boundary review team is racing against time to create 80 new electoral areas because they would be irrelevant in 2012 if not laid out a year before a General Election.

Interim Independent Boundaries Review Commission (IIBRC) announced it was set to mark out and gazette new constituencies as soon as the new Constitution is promulgated.

The commission’s term ends in December and it is expected to complete the exercise between now and then. The rules are clear; if the new electoral areas are to be co-opted into the national tally in 2012 General Election, they have to have been created 12 months to the exercise or earlier. The new Constitution decrees: "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".

IIBRC Chair Andrew Ligale (right), IIEC’s Issack Hassan (centre) and National Cohesion and Integration Commission Chair Mzalendo Kibunjia addressed a joint Press conference in Nairobi, Tuesday. [PHOTO: EVANS HABIL/STANDARD]

The new law increases the number of constituencies from the current 210 to 290. In future, constituency and civic ward boundaries would be reviewed at intervals of not less than eight years, but not more than 12 years.

IIBRC Chairman Andrew Ligale yesterday said the new Constitution makes their work easier, as it specifies the criteria to be followed, which varies for densely and sparsely populated areas. "Our work is cut out, as we have now in the Constitution the number of constituencies we have to create. We will be working on how the proposed 80 new constituencies would be distributed nationally," announced Ligale.

He assured Kenyans his team would be fair in considering regions and also strictly follow the guidelines of the new Constitution.

Ligale spoke at a Press conference called by Agenda 4 commissions whose tenure is about to end. IIBRC and the Interim Independent Electoral Commission (IIEC) are supposed to merge to form the new Independent Electoral and Boundaries Commission under the new Constitution.

The commission chiefs spoke as staff from the Ministry of Justice started a retreat in Naivasha, to come up with Bills to be presented in Parliament to speed up the implementation of provisions of the new Constitution.

Justice Minister, Mutula Kilonzo, who joined the staff, said they had to work extra hard to come up with all the legislative Bills to be presented to Parliament. One of the first institutions that should be established is the Commission on the Implementation of the Constitution that has to be in place within 90 days.

At the Press conference at Delta House, which houses the Agenda 4 commissions, IIEC chairman Hassan Issack announced his team would continue working until May, next year, when its term officially ends. "Contrary to many interpretations that we should be leaving office by the end of this year, the true position is that IIEC will be at work until May 2011," said Hassan.

He explained that under the transitional clauses in the new Constitution, Parliament had a responsibility of deciding whether to confirm his commission as the Independent Electoral and Boundaries Commission or disband and create a new one, but only after May 2011.

At the conference Committee of Experts chairman, Nzamba Kitonga, National Cohesion and Integration Commission chairman, Mzalendo Kibunjia and Truth, Justice and Reconciliation Commission Vice- Chairman Tecla Namajancha, also addressed the Press.

The commissioners commended Kenyans for the peaceful referendum and promised to fully implement all sections mandated to their commissions.

Mr Kitonga called on Kenyans to remain vigilant as the implementation of the new Constitution gets under way to avoid any vested interests taking centre-stage in the legislation of relevant laws and in the appointment of members of various commissions. "Kenyans should remain watchful as the country moves into a new Constitution. They have powers now to move to court and demand full implementation of the new Constitution instead of waiting for MPs to raise questions in Parliament in relation to the violation of the new Constitution, and their rights," said Kitonga.

The CoE chairman said while the speedy establishment of the Implementation Commission was important, Parliament must also conclude within the shortest time possible 49 legislative pieces for the implementation to begin.

He reminded Kenyans they would have to wait for at least five years for the entire provisions of the new Constitution to be fully implemented.

"As per the new Constitution, the terms of IIEC and IIBRC have almost come to an end. My team has 45 days to disband," explained Kitonga.

Kibunjia said while other commissions were preparing to exit, his team’s work had just begun.

"During the campaigns leaders inflicted fear among Kenyans that the new document would be divisive and that it would lead to chaos. We have to ensure its implementation retains our sense of nationhood," he said.

Monitor employment

Dr Kibunjia announced his commission would be monitoring the employment of staff in all Government departments and counties to ensure minorities were incorporated.

Ms Namachanja said her commission’s focus now would be asking Kenyans to seek reconciliation under the new constitution.

"Kenyans must wake up to the reality that it is by first admitting past mistakes that we would get solutions on the path ahead as a country,’’ said Namajancha.

IIEC chairman added majority of Kenyans were still ignorant of the contents of the new Constitution and called on the Government to carry out intensive civic education.