Ball set rolling to end standoff on appointment of new IEBC team

Members of the National Dialogue Committee during a session at Bomas of Kenya on September 25, 2023. [File, Standard]

The ball is now in the court of Parliament as both the Senate and National Assembly resume sittings tomorrow to get the country out of a crisis occasioned by the lack of a functional Independent Electoral and Boundaries Commission (IEBC).

Both the Senate and National Assembly are set to debate the National Dialogue Committee (Nadco) report’s recommendations on having a new electoral commission in place even as the panel formed by President William Ruto to begin the process of hiring commissioners made its intentions clear – that it is moving ahead with its assignment.

This comes in the wake of the High Court decision which, in part, ruled that strict timeliness should be adhered to in the process of recruiting IEBC commissioners so that the constitutional body can conduct its awaited roles.

The most urgent jobs of the body today are the stalled by-elections and the boundaries review exercise.

The court argued that the bipartisan talks between Azimio and Kenya Kwanza lacked legal backing.

Senate Majority Leader Aaron Cheruiyot told The Standard on Sunday that once Parliament gets back to business, it will look at the Nadco report and implement all that is good for country.

Good recommendations

He said the report has good recommendations which are not limited only to the reconstitution of IEBC.

“The Nadco report will be given a nod given the far-reaching and encompassing issues it contains. The bipartisan nature demands that the representatives of the people give it a life by passing necessary legislation. The House will undoubtedly have a say on how some key aspects of the report will be implemented, including but not limited to the sticky issue of the electoral agency,” said Cheruiyot. 

ODM Secretary General Edwin Sifuna, on his part, said the reconstitution of IEBC is a key priority and that Parliament will first look into the Nadco report since the Kenya Kwanza administration cannot be allowed to constitute the electoral commission single-handedly.

“We are going to discuss the recommendations made by the National Dialogue Committee on the reconstitution of the IEBC. We cannot allow Kenya Kwanza to make a decision single-handedly on this matter as they intend to. That cannot happen as we sit and watch,” said Mr Sifuna.

Senate Minority Whip Ledama ole Kina said the report is a key to harmony in the country and it would be given the highest priority when it comes before the floor of the House for discussion and hopes that all Members of Parliament will put the country first.

“We should get down to business to look at the recommendations made by the National Dialogue Committee, especially on the composition of the Independent Electoral and Boundaries Commission. Politicians come and go but our country will always be there,” said Kina.

National Assembly Minority Leader Opiyo Wandayi said the minority side is looking forward to a robust discussion on the Nadco report and believes that both sides of the House will look at the report objectively and adopt what is good for the country.

The Nadco report made several recommendations after meeting various stakeholders and experts, which included an amendment of the First Schedule to the Independent Electoral and Boundaries Commission Act, 2011, to establish a selection panel.

It recommended that the IEBC selection panel should consist of two persons nominated by the Parliamentary Service Commission, representing the majority party or coalition of parties and the minority party or coalition of parties.

It also recommended three persons be nominated by the Political Parties Liaison Committee of whom one shall be from a party other than a parliamentary party or coalition of parties; one shall be from a parliamentary party or coalition of parties forming a national government; and one shall be from a parliamentary party or coalition of parties not forming a national government.

It recommended having one person nominated by the Law Society of Kenya; one person nominated by the Institute of Certified Public Accountants of Kenya; and two persons nominated by the Inter-Religious Council of Kenya.

“The Independent Electoral and Boundaries Commission Act, 2011, be amended to provide that the respective nominating bodies shall select the nominees for appointment through a competitive and transparent process and ensure that no more than two-thirds of the nominees are of the same gender.

“The report recommends the Independent Electoral and Boundaries Commission Act, 2011, be amended to provide that in nominating the persons..., the respective nominating bodies shall ensure that no more than two-thirds of the nominees are of the same gender,” said the report.

The report recommended an amendment to provide that the selection panel “shall within ninety days of appointment finalise the recruitment and forward the names of nominees to the President.” 

The tenure of the selection panel may be extended by a resolution of Parliament. The report seeks to have Section 6 of the Independent Electoral and Boundaries Commission Act, 2011, amended to include experience in information and communication technology and accounting as professional qualifications for appointment as a member of the IEBC.

The report also recommends that the secretary of the IEBC shall hold office for a term of three years but shall be eligible for re-appointment for one further term of three years.

It also seeks to have the IEBC, after every general election, review its operations and make the necessary changes required to makes its operations more efficient, effective, transparent and accountable.

The IEBC shall within three months of its reconstitution develop internal guidelines delineating the administrative and policy responsibilities of the chairperson and commissioners and institutional guidelines on administrative and policy functions.

“Article 138 of the Constitution be amended to clarify on the role of the other commissioners before the chairperson declares the final presidential results. Amend the Elections Act, 2011, to provide for processing and declaration of results,” says the report.

The report recommends that in order to foster national cohesion, reconciliation and hasten healing over the 2022 presidential elections dispute, notwithstanding the veracity of the various claims made by former IEBC Commissioners ( Juliana Cherera, Justus Nyang’aya, Irine Masit and Francis Wanderi), their matter should be referred to President Ruto and Azimio leader Raila Odinga for an amicable settlement, preferably out of court.