MPs in race against time to pass laws to guide polls, referendum
The National Assembly during a past session. Parliament wants a bigger say in the filling of vacancies at the electoral commission.
What you need to know:
- Only three are in office — Mr Wafula Chebukati, Prof Abdi Guliye and Mr Boya Molu—following the resignation of four others.
- The selection panel that recruited the current team was dissolved and MPs are haggling over the membership of a new team.
- The new laws are also necessary to enable IEBC conduct a referendum.
- Mr Muturi has asked the newly reconstituted Justice and Legal Affairs committee to prioritise the proposed laws.
Members of Parliament are racing against time to enact electoral laws to guide the conduct of a referendum, appointment of poll commissioners and procurement of election equipment.
Among the pending Bills is one to establish a procedure for recruitment of Independent Electoral and Boundaries Commission (IEBC) commissioners.
Only three are in office — Mr Wafula Chebukati, Prof Abdi Guliye and Mr Boya Molu—following the resignation of four others. Ms Connie Nkatha, Ms Margaret Mwachanya and Mr Paul Kurgat quit in 2018 while Roselyn Akombe had resigned the previous year.
Without a legal basis for the appointment of a selection panel, the recruitment of new IEBC commissioners cannot be done.
The selection panel that recruited the current team was dissolved and MPs are haggling over the membership of a new team, which is interpreted as an attempt to influence the appointment of new poll commissioners.
Referendum
The new laws are also necessary to enable IEBC conduct a referendum — the Building Bridges Initiative (BBI) reforms are expected to occasion a plebiscite — and for ensuring free and fair elections in 2022.
National Assembly Speaker Justin Muturi has told MPs to conclude the stalled electoral reforms bills with the country heading to the polls in 23 months — a month short of the period within which IEBC says legal changes on conduct of elections should be in place.
Prof Guliye has said the commission has reminded MPs that new legal provisions should be enacted at least two years before the next elections so as not to interfere with preparations for the polls.
Among the proposed laws pending in Parliament are the Election Campaign Financing (Amendment) Bill, the IEBC (Amendment) Bill and the Referendum Bill.
The IEBC (Amendment) Bill seeks to amend section 36 of the IEBC Act to guide the redrawing of electoral boundaries. All these reforms are lagging behind schedule as concern mounts that parliament may wait until the last minute to pass the laws.
Mr Muturi has asked the newly reconstituted Justice and Legal Affairs committee under the leadership of Muturi Kigano and his Rarieda counterpart Otiende Amollo to prioritise the proposed laws.
“Let us not wait for too long and start burning the midnight oil, we can be proactive and do what needs to be done early. Justice and Legal and Affairs committee, the ball is in your court,” he said.
