Countdown begins for IEBC's full reconstitution after selection panel appointed
The Independent Electoral and Boundaries Commission (IEBC) is on track to become fully constituted within the next three months.
This follows the swearing-in of the nine-member selection panel on Monday tasked with recruiting new IEBC commissioners.
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The absence of commissioners over the past two years has created a constitutional breach, delaying essential functions such as conducting by-elections and reviewing constituency boundaries, which missed their legal deadlines.
The newly appointed selection panel comprises two nominees from the Parliamentary Service Commission (PSC), one from the Law Society of Kenya (LSK), one from the Institute of Certified Public Accountants of Kenya (ICPAK), two from the Inter-Religious Council of Kenya (IRCK), and three from the Political Parties Liaison Committee (PPLC).
The panel now has 90 days to appoint new commissioners, as stipulated in the amended IEBC Act.
"The selection panel shall finalise the recruitment within 90 days of its appointment and forward the names of the nominees to the President and shall thereafter stand dissolved," the Act reads.
Parliament may extend the panel's term through a resolution in both the National Assembly and the Senate if necessary.
Following the appointment of the selection panel by the President, National Assembly Speaker Moses Wetang'ula urged the members to expedite the process.
"Noting that this is a matter of national importance, I urge the selection panel to expedite and conclude the recruitment process of the IEBC commissioners at the earliest opportunity in accordance with the law," Wetang'ula said.
The absence of IEBC commissioners has sparked widespread public discussion, especially on social media, where hashtags have called on the government to speed up the reconstitution of the commission.
Opposition leaders, including Wiper's Kalonzo Musyoka and Narc Kenya's Martha Karua, have also been vocal in demanding the appointment of new commissioners.
Since the term of former IEBC chairman Wafula Chebukati and commissioners Boya Molu and Abdi Guliye ended in January 2023, the commission has been operating under the secretariat, which has limited legal authority.
The lack of commissioners has hindered crucial electoral tasks such as conducting by-elections and reviewing electoral boundaries.
Routine functions
The secretariat, led by CEO Marjan Hussein Marjan, has been restricted to routine functions, such as staff training and procurement of non-strategic materials.
However, it cannot undertake critical tasks like delimiting electoral boundaries or conducting by-elections, which require the full commission to be in place.
In addition, the absence of commissioners has affected the commission's ability to secure funding from donors.
The lack of a fully functioning IEBC has also impeded other vital processes, including the recall of non-performing legislators, initiating constitutional amendments through the popular initiative, updating the voters' register, and reviewing electoral laws.
According to Article 89 of the Constitution, the IEBC is mandated to review the names and boundaries of constituencies at intervals of not less than eight years and no more than 12 years.
The last review took place in 2012, meaning that the IEBC should have completed the next review by February 2024. However, the ongoing absence of commissioners has delayed this process.
In the meantime, the commission is also required to fill senior managerial positions and conduct by-elections in constituencies such as Banissa, Magarini, and Ugunja, as well as for several MCA positions.
The constitutional deadline for conducting by-elections, which should occur within 90 days of a vacancy being declared, has passed due to the lack of commissioners.
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