IEBC reconstitution in sight after NA, Senate concur on Bill

A concurrence between the National Assembly and the Senate on the proposed changes to the Independent Electoral and Boundaries Commission (IEBC) (Amendment) Bill, 2024, has now paved way for reconstitution of the electoral agency.

IEBC currently does not have commissioners, which has in turn held it back from performing key mandates such as by-elections and the long-awaited boundaries review process.

But with the approval of the Bill by the National Assembly last week and adoption of key proposals by the Senate, the Bill is now headed for Presidential assent with the re-formation of the electoral body now in sight.

Coming at a time when pressure from the public to recall some MPs who voted in favour of the Finance Bill 2024, which has since been returned to the House by the President, a properly constituted IEBC will be crucial in the holding of elections should the public succeed in kicking out its representatives.

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It will also be instrumental in ending the plight of voters in Banissa constituency in Mandera and two wards in Western Kenya who have gone for months without an MP and MCAs respectively, after the positions fell vacant.

Operations at the IEBC have adversely been affected following the retirement of Chairman Wafula Chebukati and Commissioners Boya Molu and Abdi Guliye in January 2023. Four other commissioners namely Juliana Cherera (vice-chairperson), Francis Wanderi, Justus Nyang’aya and Irene Masit were kicked out of office following their rejection of the 2022 Presidential election results that declared President William Ruto winner.

The fortunes of IEBC are, however, set to change with the National Assembly and the Senate agreeing to the proposed changes to the bill.

In its proposal, the Senate called for a provision barring the IEBC vice-chair from taking up the role of chairperson in case of a vacancy. It also held that commissioners to be recruited should have at least 10 years experience in the relevant fields. It also made it a requirement that the electoral body has an accountant and ICT expert. This proposal was approved by the National Assembly.

“The committee (Justice and Legal Affairs Committee) recommends approval of the Senate amendment,” reads a report of the Senate on the Bill.

On the IEBC selection panel, both Houses agreed on the need to expand the membership from the current seven to nine, with the panel consisting of two persons nominated by the Parliamentary Service Commission, representing the majority/minority parties or coalitions of parties. It will also consist of three persons nominated by the Political Parties Liaison Committee.