Parliament has proposed a raft of radical changes with far-reaching consequences to the Independent Electoral and Boundaries Commission (IEBC).

The proposals have been introduced through the IEBC (Amendment) Bill, 2024 which is one of nine Bills being considered by the August House that seek to  give life to the recommendations of the National Dialogue Committee (Nadco) report.

The Standard has since established that the Bill moves to cure the ills of the hotly contested August 9, 2022 General Election, ring-fence the powers of the IEBC chair and further extend the number of the IEBC selection panel from the current seven to nine. 

It also seeks to give effect to some of the recommendations and views of the public that were submitted during the national dialogue discourse on the issues of electoral Justice and related matters; outstanding constitutional matter, fidelity to political parties /coalitions and the law on multiparty democracy; entrenchment of the National Government Constituency Development Fund, the Senate Oversight Fund and the National Government Affirmative Action Fund and establishment and entrenchment of state officers. 

Key among the recommendations of the Bill is the amendment of section 7A of the Principal Act by deleting sub-section (4) and (5)

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Sub-section (4) of the Act states that whenever a vacancy occurs in the office of the chairperson, the vice-chairperson shall act as the chairperson and exercise the powers and responsibilities of the chairperson until such a time as the chairperson is appointed.

Sub-section (5) dictates that where the positions of the chairperson and vice chairperson are vacant, a member selected by members of the commission shall act as the chairperson and exercise the powers and responsibilities of the chairperson until his or her replacement is appointed. 

Deleting of the two sub-sections would consequently mean that only the chairperson can carry out his/her responsibilities- including announcing of the presidential results- and that his vice chair and other members cannot take up his functions in his absence.

The import of this is that a vacancy in the office of the chairperson would stall operations of the commission given he is the electoral agency’s spokesperson. 

The Bill co-sponsored by National Assembly Majority Leader Kimani Ichungwa and Minority Leader Opiyo Wandayi also proposes amendments to ensure that the decision of the commission be either by unanimous vote or by majority vote.

“Unless a unanimous decision is reached, a decision on any matter before the commission shall be by the concurrence of a majority of all the members of the commission,” reads the Bill in part.

And on the position of the Secretary to the IEBC, the Bill has proposed a reduction in tenure from the current five to three years.  

“The secretary shall hold office for a term of three years and may be eligible for re-appointment for one further term of three years,” reads the Bill.

To seemingly cure the mishaps experienced during the last General Election, the Bill has proposed a review of the operations of IEBC within one year after the polls and later make the required changes.

“The review shall be completed within one year after every General Election and the commission shall publish the report in the gazette and submit the report to parliament,” reads the Bill.

On the IEBC selection panel, the Bill has called for expansion of members from the seven to nine.

The nine-member selection panel shall consist of two persons nominated by the Parliamentary Service Commission and representing the majority and minority parties, three persons nominated by the Political Parties Liaison Committee, 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.

On the dissolution of the selection panel, the Bill provides that the nine-member panel shall finalize the recruitment within 90 days of its appointment and forward the names of nominees to the President and shall thereafter stand dissolved.

“The selection panel existing immediately at the commencement date of this Act ceases to exist but a person who served as a member of that selection panel may be nominated to serve as a member of a selection panel appointed under this Act,” it reads.

The Bill is currently in its first reading stage. By Josphat Thiongó , The Standard