Nyachae sparks stormy debate as team folds up

The exit report by the defunct Commission for the Implementation of the Constitution (CIC) has sparked fresh controversy.

In its final report, CIC, which constitutionally folded this week, suggested that the number of elected MPs be reduced from 290 to 150. It proposed a maximum number of MPs of 22, down from the current 345. The commission also suggested that the number of wards be reduced from 1,450 to 750, and a number of slots for nominated MPs be done away with.

But just how feasible are these proposals?

Besides being seen as difficult, for practical purposes, implementation of such proposals will require a referendum. It is also worth noting that the country has less than two years to prepare for an election, thereby making it highly unlikely that the IEBC would be enthusiastic about implementing the idea, at least before the forthcoming election.

Mathematical issue

“The constitution is clear on the criteria and procedures that need to be applied in the delimitation of boundaries which shall be undertaken at intervals of between eight and 12 years. This must then be completed at least 12 months before a general election. We are bound by the constitution on this matter because not even an Act of Parliament will do.

Even when we do consider making these changes then we would need a Referendum,” says Ms Rosa Buyu.

Buyu was a former commissioner with the Interim Independent Boundaries Review Commission (IIBRC) that was chaired by Andrew Ligale. The now defunct commission was set up in 2009 and was mandated to review the then existing constituency boundaries to reflect geographical size and population.

“There needs to be a basis for the proposals made by CIC because reducing the number of constituencies or delimitating boundaries is not just a mathematical issue. Article 89 of the constitution was key in arriving at the number of constituencies we now have. We also have 27 constituencies that are ‘protected’ under the Constitution, so essentially we will be talking about 150 less 27 electoral units,” says Buyu.

“CIC should have told us how they arrived at the proposed number, given we have previously moved from 188 to 210. How do we go back to 150? People can only change the criteria to be used in delimiting constituencies because the Constitution has already defined ‘the how’,’’ she adds.

Buyu says there was also a specific criteria used in creating wards, which were intended to bring services closer to the people.

The proposals by the Nyachae team have received support from a section of MPs who have suggested that the number of counties be slashed and the Senate and County Women Representatives’ positions be done away with. There are currently 47 counties.

But the suggestion has not gone down well with some of those targeted.

“Reducing the number of leaders who represent Kenyans at various levels is an issue that must be discussed soberly because it is true that the electorate is over represented. But it is unfair to target women representatives because theirs are affirmative action seats that will only be there for a short time,”says Busia County Women Representative Florence Mutua.

She says making such a move would be clawing back the gains accorded to women by the Constitution, given that the country is yet to even arrive at a mechanism that ensures implementation of the two thirds gender rule.

If the past is anything to go by then it is highly likely that any proposals to reduce the number of constituencies will be supported by Parliament, which has on several occasions bridged the political divide to throw out suggestions that don’t favour their interests. But there are those who believe targeting a section of the leadership will not be enough.

Wholistic approach

“The structure of government we currently have cannot be dealt with in isolation. So reducing the number of MPs alone won’t help. There is need for a more wholistic approach that also looks at other organs like the Senate,” says University of Nairobi’s Director at the Institute of Development Studies Prof Winnie Mitullah.

The lecturer says it would be difficult to achieve the proposals made by CIC because not just technical but political decisions will have to be made.

“Let’s not be simplistic in our approach to this issue because a lot of thought went into creating these positions. We must ask ourselves which constituencies will we quash? Which ones will be merged?If this matter is to be addressed it shouldn’t even go to parliament but be handled by a technical team,” says Mitullah, who also served in the Taskforce on Devolution.