MPs deal on constituencies

By Beauttah Omanga

Members of the Parliamentary Select Committee on constitution review trooped back to Naivasha last evening to wind up the unfinished business on its agenda. Top on the list is the search for consensus on devolution of power as an effective system of checks and balances on the pure presidential model it settled on last week.

PSC, which has made tremendous progress in seeking political consensus on the sticky clauses in the revised draft by Committee of Experts, also has two more pressing and potentially controversial issues to settle.

The first is the creation and distribution of new constituencies, and the second, how to zone the country into semi-autonomous majimbo blocs.

PSC on constitution review members Musalia Mudavadi and James Orengo at the committee’s retreat in Naivasha. Photo: Antony Gitonga/Standard

Already on its table, and reportedly found acceptable, adoptable and realistic to PSC, is a tentative map, out of which province will get how many constituencies, as well as which districts will fall under which regional bloc.

In total, 18 regions are set to be created, if PSC’s position holds on during the second phase of its retreat this week.

According to sources within PSC, Rift Valley which tentatively allotted 25 new constituencies, could walk away with the highest number of new electoral areas, followed by Eastern Province with 15, Nairobi (11) Nyanza (9) and Western (7). Central and Coast were each proposed to get six and North Eastern four.

80 more constituencies

This brings the total number of new constituencies to 80, on top of the existing 210. There will also be 54 slots for women nominees, three to be picked by each region. Added to 12 general nominations to parliament, this could give Kenya a 356-member chamber.

Currently, Central Province has 29 constituencies, Nyanza (32), Eastern (36), Nairobi (8), NEP (11), Rift Valley (49) Coast (21) and Western (24). A Member of the PSC revealed the members unanimously accepted the proposals presented by the experts albeit with allowance for adjustments.

Prof Peter Aduol and Mr Johnstone Sakanja, the two experts who were invited by the PSC to help them get the best modality to determine the boundaries told PSC the country could sustain at least 300 seats.

"The proposals were debated and agreed. We agreed to the number of regions after considering several factors," said Mr Kasungu Kambi.

Sources told The Standard soon after the Friday meeting, finally agreed to settle for 290 elective seats, 80 more to the current 210. The PSC opted to reduce all the recommended seats in each province by at least one to bring the final numbers to 80.

This means Rift Valley, which now has 49 constituencies will still end up on top of the table with 75, while Nairobi will move up to 19, Western (31), Nyanza (41), NEP (15), Central (35), Eastern (5) and Coast (27).

20 years period

It was also agreed that 12 seats be retained for nominated members while 54 new ones created for women to be elected from the 18 regions proposed. The source said the 54 seats would only be retained for 20 years after which they will be phased out.

Mr Kambi told The Standard on Sunday MPs from Central Province insisted numbers be considered in the creation of new regions ad constituencies but, "we resolved that all possible formulas be applied to ensure no region was disadvantaged".

"The IIBRC (Interim Independent Boundary Review Commission) will have to work with experts to get a suitable formula in determining where a constituency should be created and the factors to be considered in areas where population is low," he added.

Another member who sought anonymity said PSC expressed concern IIBRC headed by Mr Andrew Ligale snubbed them.

He said the PSC merely wanted ideas from IIBRC on how to determine the regions and they were not out to usurp its role. "We are now upset and are considering winding it up after nine months since it was established," hinted the member. The source said some leaders opposed the regions as proposed, claiming some communities deserved special regions due to political factors.

However, he added members felt it would be dangerous to create tribal regions and overruled them.

Kazungu on the other hand said even though the two experts had recommended 90 seats, PSC reduced them to 80 with some regions among them Nairobi allocated less than 12 as suggested by the experts.

PSC reportedly stood its ground the country goes pure presidential with professionals being appointed to the cabinet.

"The president will be impeached if he or she opts to appoint an MP to the Cabinet," said a source who revealed the model received 99 per cent approval from PSC members.

Big numbers

PSC threw out an initial condition the 54 special seats for women would only apply if less than 100 female candidates were elected directly by the electorate.

"We opposed the big numbers (54) on grounds the country’s economy could not sustain the numbers but the women MPs threatened to walk out if the numbers they wanted were not granted and we had no choice but to give in," conceded another source.

Key crusaders for the women slots included former Justice Minister Martha Karua and Water Minister Charity Ngilu.

Special seats

"The two members were furious at any attempt to reduce the special seats for women arguing the current political scenarios did not accord women level playing ground to win seats," added the source.

The Bomas Draft had recommended 14 regions, PNU wanted 22 but PSC agreed to 18.

Sources revealed PSC agreed with CoE’s proposal the principal role of the regional governments remains coordination and implementation of programmes and projects extending across two or more counties in a region.

"On governance, we left it open for Parliament to decide when debating the final draft" said the source.

PSC’s focus from this morning would include chapters on Transition, Judiciary and Commissions.

The 26 members meeting at Rift Valley Great Lodge for a final round of the talks are expected to hand over its report to CoE on Thursday.