Members of Parliament are now seeking an amendment to the Constitution to extend the period of delimitation of boundaries by the Independent Electoral and Boundaries Commission (IEBC) beyond the current stipulated time.
The National Assembly Justice and Legal Affairs committee wants Article 89 of the Constitution on delimitation of electoral units amended to empower Parliament to extend the period of reviewing names and boundaries of constituencies.
Under Article 89 (2) of the Constitution, IEBC is required to review the names and boundaries at intervals of not less than eight years and not more than 12 years but that any review shall be completed at least 12 months before a General Election.
The committee in its report on the Constitution of Kenya (Amendment) Bill, 2024, which is one of the pieces of legislation emanating from the National Dialogue Committee (Nadco) report says the extension is meant to address unforeseen circumstances.
The unforeseen circumstances seen by MPs in this case include the current situation where IEBC doesn’t have commissioners who are supposed to undertake the process.
The electoral commission has remained without commissioners since January, with the recruitment of new electoral chiefs still pending.
The Constitution requires the commissioners led by the chairman to spearhead the boundary delimitation, but with their absence, concerns are growing among stakeholders.
“Reiterating the importance of boundary delimitation in any election cycle, the committee observed that empowering parliament to extend the period of reviewing the names and boundaries of constituencies beyond the prescribed period will ensure flexibility, promote fair representation and accommodate unforeseen circumstances that may hinder the delimitation process,” reads the committee report.
Rarieda MP Otiende Amollo, who is a member of the committee said the amendment seeks to cure some constitutional crises that may arise on delimitation of boundaries.
“The amendment does not interfere with the jurisdiction of IEBC, Parliament will only deal with the question of ‘when’ but how it will be done remains the function of the commission,” Dr Amollo said.
The Commission has the mandate to determine names and boundaries of constituencies. Periodically determine the number, names and boundaries of the County Assembly Wards
County boundaries can only be altered by a resolution recommended by an ad-hoc Independent Commission set up for that purpose by Parliament.
In determining the names and boundaries of constituencies and the number, names and boundaries of Wards, IEBC uses population quota, cities and sparsely populated areas, other areas, geographical features and urban areas, community of interest, historical, economic and cultural ties and means of communication.
Article 129 of the constitution mandates IEBC to merge constituencies or propose new ones as well as increase the number of wards from the current 1,450 as long as the total number of constituencies is maintained at 290.
The Constitution requires the polls agency to review names and boundaries of electoral areas at intervals of not less than eight years and not more than 12 years. IEBC last reviewed electoral boundaries in March 2012
The review is necessitated by the periodic population growth and is aimed at ensuring there is equitable distribution of resources ranging from constituency development funds to government facilities.
Dr Amollo pointed out that the amendment also seeks to address cases like now when the delimitation was to be done in March this year but was not conducted due to the absence of commissioners.
“The amendment also seeks to address instances where the period of delimitation falls on the election year or one year to elections, which you clearly cannot do a boundary review because it is an emotive issue,” Dr Amollo said.
He said the committee left the extension period open so that its parliament could decide on the number of years.
According to the report, if parliament is to make a decision on the extension period, then such a resolution must be passed by a majority of those in the National Assembly and county delegates in the Senate.
“The extension is to be made through a resolution passed by a majority of all Members of the National Assembly and a majority of the county delegations in the Senate,” reads the report.
Article 89 of the Constitution requires the commission to review names and boundaries of constituencies at intervals of not less than eight years and not more than 12.
Further, the commission is mandated to review the number, names, and boundaries of wards periodically.
But the number of constituencies must be maintained at 290 as stated in the Constitution. The last delimitation or fixing of the boundary was conducted in 2012.
“The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament,” reads Article 89 (2) of the constitution.
Further, Article 89 (4) states that if a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.
The law states in reviewing constituency and ward boundaries the IEBC shall consult all interested parties and progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.
“If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards,” reads Article 89 (8)
