The Independent Electoral and Boundaries Commission (IEBC) says it will reject 2022 party nomination lists which will not adhere to the two-thirds gender rule.
Speaking Monday in Mombasa, IEBC Chairman Wafula Chebukati said the realisation of the two-thirds gender rule has remained elusive in Parliament, with several unsuccessful attempts at providing legislation to enforce the principle.
"The High Court of Kenya in Katiba Institute vs the Independent Electoral and Boundaries Commission (2017) directed political parties to formulate rules and regulations to actualise the two-third gender principle during nominations of the 290 constituency-based elective positions for members of the National Assembly and 47 county-based elective positions for members of the Senate within six months from the date of the Judgement — April 20, 2017," said Mr Chebukati.
Party nomination lists and two-third gender rule
He said IEBC was directed to devise administrative mechanisms to ensure that the two-third gender principle was realised among political parties during nomination for parliamentary elections.
Mr Chebukati said the commission was further directed to reject any nomination list of a political party for its candidates that do not comply with the two-third gender rule.
"The commission shall comply with the orders of the court by ensuring that political parties’ nomination lists for elective positions in the Senate and National Assembly comply with the two-third gender rule before they are accepted by the commission for candidates’ registration," added Mr Chebukati.
Acting IEBC CEO Marjan Hussein Marjan addressing participants during a meeting of the commission and media sector at the Flamingo Beach Resort on August 9, 2021.
Photo credit: Kevin Odit | Nation Media Group
At the same time, IEBC announced the countdown to the 2022 General Election, with Mr Chebukati saying the polls will be held on August 9, 2022.
He added that public officers seeking elective positions must resign by February 9, 2022.
“A public officer who intends to contest an election shall resign from the public office at least six months before the date of election," he said.
At the same time, Mr Chebukati revealed that the 2022 General Election will cost Sh40.9 billion.
He said that currently, the commission has a deficit of 14.6 billion and that it will have to cut down on some critical electoral activities if the funds will not be available.
Mr Chebukati said with the current allocation, IEBC may be forced to reduce mass voter registration to 15 days from 30 days.
"We may have to cut down on some activities like mass voter registration, reduce wages from Sh6 billion to Sh3 billion. We are telling the National Treasury that this is a budget based on a legal framework," said Mr Chebukati.
The IEBC chairman said the electoral body is facing financial challenges ahead of the General Election.
He said the commission needs adequate funding to implement electoral activities as outlined in the Election Operations Plan.
"For purposes of the 2022 General Election, the commission prepared a budget and requires Sh40.329 billion to carry out all the activities in the Election Operation Plan. A further estimated Sh588 million is required for purposes of procuring items to be used in the Covid-19 prevention protocols including thermometer guns, sanitisers, soap and washing points. This brings the total General Election requirement to 40.917 billion," he said.
However, Mr Chebukati said the National Treasury has allocated a budget of Sh26.34 billion, leaving the commission with a deficit of Sh14.577 billion.
IEBC Chairman Wafula Chebukati and DPP Noordin Haji during a meeting of the commission and media sector at the Flamingo Beach Resort on August 9, 2021.
Photo credit: Kevin Odit | Nation Media Group
"It is worth noting that the Sh40.917 budget requirement is the bare minimum as per the electoral activities in the Election Operations Plan which [is] governed by the existing legal framework. We urge National Treasury to provide sufficient funds as requested," he said.
IEBC linked the high cost of ballot papers for the 2022 General Election to poll integrity requirements.
Acting IEBC chief executive Marjan Marjan said up to nine security features are required on the ballot papers.
"It is important that the media and the country at large pays attention to key electoral processes, including but not limited to voter registration, nomination of candidates, campaign period, polling day activities, counting, announcement of results and electoral dispute resolution," said Mr Chebukati.
To ensure transparency in the results management process, the commission said it will allow accredited media access to polling stations and tallying centres to cover the vote counting, announcement, collation and declaration of results.
Insecurity, voter bribery
Mr Chebukati said the commission has noted an increase in incidents of insecurity during by-elections.
He said they have these incidents to the attention of the institutions charged with investigating and prosecuting electoral offences. At the same time, the commission has engaged security agencies like the National Police Service with a view to preventing the escalation of insecurity during the 2022 General Elections, he added.
The IEBC boss also said that incidents of open and glaring voter bribery have been brought to the attention of the commission as reported mainly on the social media platforms.
He warned politicians against engaging in the vice, insisting that voter bribery is an offence under the Election Offences Act.
"The office of the Director of Public Prosecutions has powers to order investigations and prosecute the suspects. Stern action will be taken against the perpetrators of electoral-related offences. The commission shall strictly enforce the electoral code of conduct that comes into force during the campaign period," warned Mr Chebukati.
