IEBC remains in shape to run polls despite Akombe's resignation

Roselyne Akombe Photo:Courtesy

IEBC remains fully constituted and its decisions binding despite the resignation of Commissioner Roselyne Akombe, according to the IEBC Act.

This means the Independent Electoral and Boundaries Commission (IEBC) will proceed to conduct the October 26 polls without attracting legal suits challenging its operations.

Dr Akombe quit the commission yesterday, just a week to the repeat poll, leaving the chairman and five other commissioners to steer the agency in the eye of unending storm.

“The commission shall be properly constituted notwithstanding a vacancy in its membership,” states the Independent Electoral and Boundaries Commission Act.

It adds that “no proceedings of the commission shall be invalid by reason only of a vacancy among the members thereof” if a quorum of five members is met.

Akombe is expected to have tendered her resignation through a notice to the President, who is required to publish a notice of vacancy in the Gazette within seven days.

This implies that should the fresh presidential election be conducted on October 26, it would be supervised by six commissioners since it will be practically impossible to fill the position before then.

DEEP-ROOTED WRANGLES

“Whenever a vacancy arises… the recruitment of a new chairperson or member, under this Act, shall commence immediately after the declaration of the vacancy by the President,” the Act adds.

Dr Akombe’s resignation, which has revealed deep-rooted wrangles within the commission, points to some of the reasons the Jubilee Party rushed the passage of the Election Laws (Amendment) Bill. The Bill is currently before President Uhuru Kenyatta awaiting to be signed into law.

Some of the issues the Bill seeks to secure are the resignation of the chairman, who is the presidential returning officer as well as the issue of quorum at the electoral agency.

Currently, it is Chairman Wafula Chebukati who can declare the presidential results and should he quit, there would be no election until a new boss is recruited at the electoral agency.

In the Bill, however, the vice-chairman shall act in the absence of the chairman and exercise powers and responsibility of the chairperson until a new one is appointed.

If both are away, a member would be elected by fellow commissioners to assume the powers of the chairperson.