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MPs seek to save 40 constituencies in danger of being scrapped

A file photo of lawmakers during a parliamentary session. (Photo: National Assembly)

By Barack Oduor | Tuesday, March 12, 2024

The forty constituencies do not meet the legal population threshold.

Members of Parliament have introduced a bill in the House in a bid to save forty constituencies that are in danger of being scrapped because they do not meet the legal population threshold.

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The constituencies may be scrapped if the looming boundary delimitation exercise, which was constitutionally supposed to be completed by March 2024, is done unhindered.

Some of the constituencies affected include Isiolo South, Samburu East, Laisamis, North Horr, Saku, Lamu East, Lamu West, Loima, Kathiani, Lafey, Eldas, Kang'undo, Mukurwe-in, Turkana North, Pokot South, Tiaty, and Mvita.

Others are Othaya, Ndaragwa, Budalang'i, Vihiga, Voi, Wundanyi, Mwatate, Galole, Bura, Isiolo South, Samburu East, Laisamis, North Horr, Saku, Kilome, Mukurweini, Mbeere North, Mathioya, Kangema, Marakwet East, Keiyo North, Tetu, Mogotio, Lamu East, Lamu West, Laikipia North, Budalangi, Mt. Elgon, Kuria East and Mwingi East.

According to the boundary delimitation criteria to be implemented by the Independent Electoral and Boundaries Commission (IEBC), the constituencies do not meet the population quota threshold of 164,015 based on the 2019 census figures.

The population quota is the figure obtained by dividing Kenya's 2019 population of 47,564,296 by the number of constituencies, which is 290.

The Constitution requires the IEBC to review the names and boundaries of constituencies at intervals of not less than eight years and not more than 12 years. The last review took place in 2009 and no review has taken place in the country.

According to the law, the IEBC's boundary review will only affect some of the 27 constituencies that were protected in 2009 and others that failed to meet the population threshold in the 2019 census.

New Bill

Thika Town MP Alice Ng'ang'a has introduced a bill in the National Assembly to amend Article 89 of the Constitution to protect the affected constituencies, which were protected in the first review even though they did not meet the population quota requirement, and which risk being merged with others when the IEBC conducts the second review, which is due.

"The Constitution only protected the 26 constituencies from the first review, which took place in March 2012. With the second review due in 2024, 12 years after the first, it is vital to ensure that the constituencies are not merged with others," reads the bill.

The Thika Town MP's proposal seeks to ensure that the review of constituency boundaries does not result in the loss of any constituency that existed before the promulgation of the Constitution.

She argues that merging the constituencies would result in an irreparable loss of identity and control over local development for the residents, just as they would not be literally moved from their homes.

Article 89 of the Constitution on delimitation of constituencies states that "...the boundaries of each constituency shall be such that the number of inhabitants in the constituency shall, as far as possible, correspond to the population quota".

Mandera North MP Abdullahi Bashir Sheikh has also tabled a proposal in Parliament to amend Article 88 of the Constitution to provide that where the IEBC is not fully constituted, the secretary of the commission shall perform the duties and functions of the electoral body in relation to the conduct of by-elections and the review of boundaries. "In 2009, some 27 constituencies were allowed to exist despite failing to meet their respective population quotas of 93,196.6 and 79,882.8."