Ruto assents to Bill, paving the way for radical changes to IEBC

President William Ruto’s decision to assent to the Independent Electoral and Boundaries Commission Amendment Bill 2024 paves the way for setting up a new electoral commission.

But what are the changes in the new IEBC law?

According to the new IEBC Act, the vice chairperson of the commission will not automatically become the chairperson whenever a vacancy occurs.

The Act provides that IEBC commissioners must have 10 years experience in their areas of study with Information Technology as one of the key fields.

“The Independent Electoral and Boundaries Commission Act provides that the chairperson of the commission shall be a person who is qualified to hold the office of Judge of the Supreme Court of Kenya under the Constitution,” states the Act.

The IEBC Act states that for an individual to qualify for appointment as a member of the commission he/she must also have proven relevant experience in either electoral matters, management, finance, governance or public administration.

The law further states that: “The IEBC selection panel existing immediately at the commencement date of this Act ceases to exist but a person who served as a member of that selection panel may be nominated to serve as a member of a selection panel appointed under this Act, states the Act.”

The Act provides that only parties with more than 17 members in Parliament may nominate a representative to the selection panel and a nominating party should consist not less than five per cent of the membership of the National Assembly.

“The President will select nine members of the selection panel with those already serving in the current panel still having a chance to serve in a new panel and once approved in their first sitting electing a chairperson and vice-chairperson from amongst its number,” states the Act.

According to the law, within seven days of appointment, the selection panel shall then invite applications from qualified persons and publish their names and their qualifications and thereafter they shall consider their applications, shortlist and interview them publicly.

After conducting the interviews, the selection panel shall select two qualified persons to be appointed as the chairperson and nine persons to be appointed as members of the commission.

The process should be undertaken within 90 days of the selection panel’s appointment.

The selection panel shall then forward the names to the President for nomination of one person to be appointed as chairperson and six commissioners within seven days, after which he will forward the list of nominees to the National Assembly for approval.

“Once the National Assembly approves the names, the IEBC Act, 2011 states that the President will within seven days appoint the chairperson and the members of the commission with the appointment ensuring the two-third gender rule and regional balance,” states the act.

IEBC has been operating without commissioners after former Chairperson Wafula Chebukati, commissioners Abdi Guliye and Boya Molu’s six years’ single term in office ended in January 2023.

Former IEBC Vice Chairperson Juliana Cherera, Commissioners Justus Nyangaya and Francis Wanderi opted to resign from office after a tribunal led by Justice Aggrey Muchelule was formed to establish their suitability to hold office over their conduct during the August 2022 General Election.

Former Commissioner Irine Masit was kicked out of office after opting to face the Muchelule tribunal and was found not suitable to hold office.

The IEBC selection panel appointed last year is headed by Dr Nelson Makanda as chairperson.