President Uhuru Kenyatta signs law on new IEBC commissioners

President Uhuru Kenyatta has signed the Election Laws (Amendment) Bill into law, paving way for sweeping electoral reforms ahead of next year’s polls.

The law includes a new framework for recruitment of Independent Electoral and Boundaries Commission commissioners.

What is keeping the current commissioners in office is lack of a legislation to guide their exit. National Assembly Majority Leader Aden Duale said the earliest the country should expect a new electoral body was November given that there was no law in place to guide the current commissioners' exit.

"The Attorney General will also have to bring to Parliament a law on how the current commissioners will vacate office. As it is, there is no law. The next process now is to get the selection panel that will give the country new commissioners," Mr Duale said.

"We are not going to meet the current deadlines. The country can only have a new commission by November. The timelines are, however, clear that the elections will have to be held on August 8. Any change in the election date will require a referendum," he added.

A report of a parliamentary select committee on electoral reforms adopted by Parliament had envisaged new IEBC commissioners by September 30. With the Election Laws (Amendment) Act and the Election Offences Act now in force, radical changes will be implemented ahead of next year's elections.

These include provisions that bar party hopping after party nominations. The new polls team, once appointed, is also compelled to hire a reputable firm to audit the voters' register. IEBC will also be required to deploy reliable technology in electoral processes.

The Election Offences Act specifies penalties for various offences, including setting fines for employers who fail to allow their employees time off to vote. By signing the bills into law, the President set in motion the process of recruiting a new team to oversee the next general election.

The bills will, however, have to wait 14 days before they can take effect after Parliament failed to include a fast-track clause during debate.

"Following the passage of the Election Laws Amendment Bill through both houses of Parliament, the President has assented to the same bringing into force the Elections Laws Amendment Act and the Election Offences Act that bring into force a broad range of reforms," a statement from State House said.

"The President has noted with pleasure the fact that the legislation is a product of a constructive and comprehensive public participation as well as a commendable exercise of bipartisanship in both houses of Parliament."

The two bills were part of a report of the 14-member select committee set up to recommend electoral reforms. Yesterday, Duale said the next step would be the formation of a selection panel that would recruit seven commissioners to oversee the next general election.

Those who will nominate persons to the recruitment panel include the Parliamentary Service Commission (four persons) and the Kenya Conference of Catholic Bishops (one). The National Council of Churches of Kenya, Hindu Council of Kenya, Evangelical Alliance of Kenya, Supreme Council of Kenya Muslims, National Muslim Leaders Forum and the Council of Imams and Preachers of Kenya will collectively nominate one person.

The nominating bodies shall thereafter submit the names of their nominees to the Parliamentary Service Commission for transmission to the President for appointment. The current IEBC commissioners are expected to leave following a deal that will see them compensated for the remaining period of their term.

National Assembly Public Accounts Committee Chairman Nicholas Gumbo (Rarieda MP), whose committee indicted the previous commission, said he expected a more transparent commission in place. He also expressed concern about the limited time for setting up a new electoral agency.

"I'm concerned about the timelines. From the look of things, the process will have to be rushed," Mr Gumbo said.

"Our indictment on the former commissioners was based on solid evidence. The committee was vindicated. However, what I would not want to see is a rushed process where commissioners are recruited based on vested interests."

On the preparations, Endebes MP Robert Pukosse said there more urgency was needed to select a new commission.

"It would be naïve to think that the strict timelines will not affect preparations for the elections," he said.