Poll losers in the 2027 General Election could benefit from the 12 National Assembly and 20 Senate nomination slots if a proposed amendment becomes law ahead of next year’s polls.
Nyaribari Chache MP Zaheer Jhanda seeks to have the electoral law changed to allow outfits submit their party-lists after the General Election.
Under the current law, parties are required to submit their lists before the polls. The provision means that those who participate in elections are disqualified from having their names submitted to the Independent Electoral and Boundaries Commission (IEBC) for consideration for the slots.
Amending the law implies that those who unsuccessfully run for various seats would still have a fighting chance for the nomination slots. In the Senate, there are 12 slots: 16 reserved for women, 2 for youth (one man and one woman), and 2 for persons with disabilities (one man and one woman).
The 12 seats in the National Assembly are reserved for special interests, including youth, persons with disabilities and workers. The distribution of the seats is guided by the principle of proportional representation, meaning parties with more elected members grab more slots.
More nomination slots are in the 47 county assemblies. The country currently has 772 nominated Members of County Assemblies (MCAs). The number is determined by two-third rule, meaning more nomination slots in the event the requirement is not met in the 1450 directly elected MCAs.
The Independent Electoral and Boundaries Commission Chairperson, Erastus Ethekon.
Photo credit: File | Nation
“I am proposing a straightforward reform to the timing of party-list nominations for Members of Parliament, Senators and County Assembly representatives.”
“In simple terms, all party-list nominations should be conducted and the final names submitted after the General Election,” says Mr Jhanda.
He argues that Article 90 of the Constitution provides for party-list elections for specified seats in the National Assembly, Senate and County Assemblies, while Parliament is empowered to prescribe the statutory timelines and procedure for submission.
“The current system requires party-lists to be submitted before the General Election. My proposal is to replace this with a post-election nomination, certification and submission process,” he proposes.
His proposal means that political parties would first participate in the General Election before settling on the names for nomination.
Nyaribari Chache MP Zaheer Jhanda.
Photo credit: File
He argues that having the election results will guide parties in picking their nominees since they will have known the number of seats they qualify for based on their performance in the polls.
Party lists are currently submitted in order of priority, which means the higher a member is ranked the better the chances of nomination in the event the party qualifies to nominate.
“The principle is simple: Let Kenyans vote first. Let the electoral outcome determine the allocation of seats. Then let the corresponding party-list nominations follow that outcome.”
The lawmaker says that his proposal is intended to make the process more directly connected to the actual electoral outcome, while maintaining constitutional safeguards, transparency, fairness and the principle of proportional representation.
Party officials have in the past used the slots to award their loyalists and campaign financiers. Observers note the proposed provision could also be prone to abuse by top party officials.
National Assembly building in Nairobi.
Photo credit: File | Nation Media Group
Close allies of party officials, who chose to run but loses at the ballot, could end up grabbing most of the slots, subsequently disadvantaged women, people with disability and youth.
The proposal also gives credence to the growing anxiety among sitting members about their chances of making a comeback to Parliament. The average political attrition rate in Kenya’s Parliament is close to 60 per cent, meaning that out of each 10 elected MPs, six will not be re-elected on August 10, 2027.
In the August 2022 polls, the electorate sent home 211 members of the National Assembly and the Senate. In the National Assembly, 146 legislators who represented 290 constituencies were sent packing, while 34 of the 47 woman representatives were also shown the door. The voters also dismissed 31 senators out of the 47 elected lawmakers.
This means three out of every five MPs or 60 per cent who served in the 11th Parliament were voted out.
Only 119 out of 290 MPS were re-elected during the 2017 elections. There was equally high turnover in the senatorial race, with only 14 out of the 35 senators making a comeback. Twelve out of the 47 elected Senators decided to run for governor.
