Senators protest exclusion from IEBC appointment process

Bomet Senator Wakili Hillary Sigei elected Chairman of the Senate Justice and Legal Affairs Committee at Parliament on February 24, 2025. [Boniface Okendo, Standard]

Senators have demanded inclusion in vetting of the Independent Electoral and Boundaries Commission (IEBC) commissioners nominees, arguing that the responsibility is of high importance and should not be left solely for the National Assembly to handle.

Senators, in a heated House debate, argued that the reconstitution of the IEBC is a matter of national importance spanning both levels of government and must involve both Houses.

Senate Justice and Legal Affairs Committee chairperson Hillary Sigei said the process of appointing new IEBC commissioners should be conducted jointly, as has been the practice for key state appointments.

"The constitutional amendment that replaced 'Parliament' with 'National Assembly' was intended only for the transitional phase. Since then, the National Assembly has consistently frustrated our efforts to restore the original term," said Sigei.

The National Assembly's Justice and Legal Affairs Committee, chaired by Tharaka MP George Murugara, is set to vet IEBC Chairperson nominee Erastus Ethekon and six other commissioner nominees on May 27.

Senators have strongly objected to their exclusion from the process, citing past precedents where both Houses vetted key state officers-such as the Inspector General of Police, Central Bank Governor, and members of the Commission on Revenue Allocation-through joint committees.

They argue that the IEBC Act and Article 250(2) of the Constitution, which mandate vetting by the National Assembly, were amended in 2012 before the Senate was constituted after the 2013 general election.

The law currently reads: "The chairperson and each member of a commission and the holder of an independent office, shall be identified and recommended for appointment in a manner prescribed by national legislation, approved by the National Assembly and appointed by the President."

Nandi Senator Samson Cherargei called for the vetting to be handled by a joint committee, pointing out that Article 88, which establishes the IEBC, offers no grounds for the National Assembly to act alone.

Nyamira Senator Okong'o Omogeni claimed that the sidelining of the Senate can be traced back to the Naivasha constitution-making process, accusing MPs of deliberately weakening Senate powers.

Busia Senator Okiya Omtatah added that while Article 250(2) appears to exclude the Senate, the Constitution should be read holistically-especially since IEBC commissioners oversee elections involving Senators, Governors and MCAs, positions central to devolved government.