MPs seek extension for IEBC boundary review period amid delays

1The National Assembly's Justice and Legal Affairs Committee has proposed a constitutional amendment to extend the timeframe for the Independent Electoral and Boundaries Commission (IEBC) to conduct its review of electoral boundaries.

This amendment would empower Parliament to extend the period for reviewing constituency names and boundaries. Currently, Article 89(2) mandates that the Independent Electoral and Boundaries Commission (IEBC) complete the review at least 12 months prior to a General Election.

According to the committee's report on the Constitution of Kenya (Amendment) Bill, 2024, which comes from the National Dialogue Committee, the lawmakers argue that the extension is necessary to address unexpected challenges such as the absence of IEBC commissioners.

The electoral commission has not had commissioners since January, and recruitment for new members has been delayed. Without commissioners, IEBC cannot proceed with the boundary review process.

The MPs stressed that boundary delimitation is crucial in any election cycle and that giving Parliament the power to extend the review period would provide flexibility in handling such challenges.

"Empowering Parliament to extend the review period will ensure flexibility, promote fair representation, and accommodate unforeseen circumstances," the committee said in its report.

Rarieda MP Otiende Amollo, a member of the committee, emphasised that this amendment wouldn't take away IEBC's responsibilities but would help prevent constitutional crises.

Kenyans vote in the 2022 General Election. (Photo: IEBC)

"The amendment does not interfere with IEBC’s jurisdiction. Parliament will only deal with the timing, but the process will still be conducted by IEBC," he said.

The Constitution mandates that IEBC review the names and boundaries of constituencies and wards, considering factors such as population growth, geographic features, and community interests.

The number of constituencies is fixed at 290, as stipulated in the Constitution, and any changes to county boundaries must be recommended by an independent commission set up by Parliament.

The last delimitation of boundaries took place in 2012, with population growth being a key driver for the reviews to ensure fair distribution of resources.

Amollo pointed out that the scheduled boundary review for March 2024 did not take place due to the absence of commissioners, adding that the amendment also seeks to address periods where boundary review coincides with election years.

"You cannot conduct a boundary review close to elections, as it is an emotional and politically sensitive issue," he said.

The report leaves the length of the extension period to Parliament’s discretion, with the decision requiring approval by a majority of the National Assembly and Senate.