IEBC Reconstitution Enters Key Stage Tomorrow (Pictured former IEBC chairman Wafula Chebukati)

Unpacking the IEBC reconstitution process 

The process of establishing a new Independent Electoral and Boundaries Commission (IEBC) in Kenya is gaining momentum, as the commission readies itself to tackle critical constitutional responsibilities.

President William Ruto signed the IEBC (Amendment) Bill on July 9, marking a significant step forward in implementing one of the National Dialogue Committee’s key recommendations.

Following the signing of the IEBC Amendment Bill into law, the selection panel is expected to be appointed within 14 days, and various bodies have already begun nominating their representatives in anticipation of gazettement. This development comes with a sense of optimism, as many hope the selection panel will rise to the occasion and ensure a competent and effective commission this time around.

Moses Wetang’ula, Speaker of the National Assembly, emphasized the urgency of finalizing the selection panel list to send it to the President for appointment. The list must be submitted by tomorrow (Tuesday) at the latest, enabling the panel to commence its duties without delay.

“We hope that by the close of the week, we should have the selection panel list ready to be sent to the President to appoint a chairman out of them and gazette them not later than Tuesday so that they can start their work,” Wetang’ula remarked last week.

The selection panel is set to include nine members representing various organizations such as the Parliamentary Service Commission, the Law Society of Kenya (LSK), the Inter-Religious Council of Kenya, the Institute of Certified Public Accountants of Kenya (ICPAK), and the Political Parties Liaison Committee.

Once appointed, the selection panel has a three-month mandate to complete the recruitment of IEBC’s chairperson and commissioners, submitting their nominees to the President. This process is essential for fulfilling the IEBC’s critical role in managing elections and maintaining democratic integrity in Kenya.

The Political Parties Liaison Committee has nominated Evans Misati to represent non-parliamentary parties, Nicodemus Bore from the majority party, and Augustus Muli from the minority party. The Inter-Religious Council of Kenya has retained Dr. Nelson Makanda and Fatuma Saman as their nominees, while ICPAK has put forward Tanui Andrew Kipkoech.

The LSK and the Speaker of the National Assembly are expected to announce their nominees today.

This reconstitution of the IEBC is happening amidst increasing pressure from various quarters, including politicians and the younger generation, to ensure accountability and transparency in Kenya’s electoral processes. The Gen Z demographic, in particular, has been vocal about the need for a mechanism to recall Members of the National Assembly who they feel have not fulfilled their duties.

“Reconstituting the IEBC is long overdue. Some electoral units do not have representation, which is unfair to them. Again, we want an avenue to recall some of our MPs if they fail to deliver on their work,” Gen Z representatives have asserted.

Human rights organizations and political parties are also calling for an expedited IEBC reconstitution process to strengthen democracy and accountability in Kenya.

Stay Informed. Stay Empowered – why do we need the IEBC?

A constituency like Banissa has not had an MP since March last year following the death of their MP, Kulow Hassan, with a by-election stalled due to the delayed appointment of IEBC commissioners. Similarly, the nomination of Minority Leader Opiyo Wandayi to the Cabinet will necessitate a by-election in Ugunja constituency.

Moreover, the IEBC faces delays in the delimitation of electoral boundaries, a process that should have been completed by March this year. According to the Head of Secretariat for the Election Observation Group, Mule Musau, the absence of a commission to manage this process presents a constitutional crisis.

“We did not do our boundaries as required by law which is eight to 12 years. As we are aware, we do not have a commission to undertake that process and this presented a constitutional crisis because the Constitution requires us to ensure that we review boundaries within a specified time and since it has not happened for one reason or another, then there is a crisis there,” Musau stated during an X Space session focused on unpacking the boundaries delimitation process.

Parliament has suggested revising the constitutional timelines for boundary reviews from the current 8 to 12 years to a proposed range of 10 to 20 years.

Article 89 of the Constitution mandates the IEBC to review constituency names and boundaries at intervals of not less than eight years and not more than 12 years, with a completion deadline of at least 12 months before a general election.

“The Commission shall review the number, names and boundaries of wards periodically. If a General Election is to be held within 12 months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election,” states the Constitution.

The Constitution further stipulates that the population within each constituency should be as equal as possible to the population quota, allowing a deviation margin for cities and sparsely populated areas.

“If necessary, the Commission shall alter the names and boundaries of constituencies and the number, names, and boundaries of wards,” according to the law.

Critical IEBC operations came to a halt following the retirement of former chairman Wafula Chebukati and ex-commissioners Abdi Guliye and Boya Mulu in January last year, after serving their six-year, non-renewable terms.

In response, President Ruto appointed a seven-member selection panel through a gazette notice dated February 27, 2023, after declaring vacancies at the electoral body to facilitate the recruitment of new commissioners. The appointees include Bethuel Sugut, Novince Euralia Atieno, Charity Kisotu, Evans Misati James, Benson Ngugi Njeri, Nelson Makanda, and Fatuma Saman.

The selection process for new commissioners was temporarily halted to accommodate the outcomes of bipartisan talks aimed at ensuring a fair and transparent recruitment process.