A selection panel tasked with recruiting new IEBC commissioners is set to be in place next week, paving the way for the beginning of reconstitution of the polls agency that has been operating without commissioners.
The development comes after National Assembly Speaker Moses Wetang’ula said the names of nine individuals to be part of the selection panel list will be ready by the end of the week.
Subsequently, the list will be sent to President William Ruto to appoint a chairperson before the names are gazetted no later than Tuesday next week to commence the recruitment process.
Speaking to the media Monday, Speaker Wetang’ula said the law stipulates that the selection panel should be in place within 14 days after the assent of the Independent Electoral and Boundaries Commission (Amendment) Bill by the President.
President Ruto appended his signature to the Bill on July 9, 2024, in the presence of Azimio leader Raila Odinga, clearing the way for the appointment of a team that will recruit new IEBC commissioners.
Mr Wetang’ula, who is the chairperson of the Parliamentary Service Commission (PSC), said the various nominating bodies that will constitute the selection panel are expected to forward names to the President, through the PSC, by Friday, July 26, 2024.
Upon receipt of the names, President Ruto will be expected to appoint the panel within seven days. The panel will have 90 days to conclude the process of recruiting the chairperson and other members of the electoral agency.
“The President signed into law the Bill whereas time started to tick. Within 14 days, we must have the panel in place,” said Mr Wetang’ula.
“We hope that by the close of the week, we should have the selection panel list ready to be sent to the President to appoint a chairperson out of them and be gazetted no later than Tuesday next week to start their work,” he added.
IEBC has been operating without commissioners since the unceremonious exit of four of its members, popularly known as Cherera 4, and the retirement of chairperson Wafula Chebukati and two commissioners – Boya Molu and Prof Abdi Guliye – whose terms ended January last year.
Owing to the lack of commissioners, the country has been staring at a constitutional crisis over the demarcation of electoral boundaries with the deadline lapsing in March this year.
With the last boundary review in March 2012, a new one ought to have taken place by March 2024, but IEBC has no commissioners. The Nadco report proposed an extension of the timeline.
There are also some constituencies and wards which have been waiting for months to carry out elections of their representatives due to lack of a fully-constituted commission.
It is proposed that two persons will be nominated by the PSC, where the two will represent the majority party or coalition of parties and the minority party or coalition of parties.
The hiring panel will also comprise three persons nominated by the Political Parties Liaison Committee (PPLC).
Of the three, one will be from a party other than a parliamentary party or coalition of parties, another from a parliamentary party or coalition of parties forming the national government.
The third PPLC nominee will be drawn from a parliamentary party or coalition of parties not forming the national government.
The Interreligious Council of Kenya will nominate two individuals to the panel while the Law Society of Kenya will second one person to the team, same as the Institute of Certified Public Accountants of Kenya.
“We have already organised how we are going to conduct interviews for the nominated candidates by the majority and minority parties on Friday this week,” said Mr Wetang’ula.
The signing of the Bill into law officially ended the tenure of the Nelson Makanda-led team, which had already started spearheading the process of recruiting new commissioners.
The Dr Makanda-led team, which was stopped midway to give room for talks between Kenya Kwanza and Azimio, was about to shortlist the finalists from among the 25 applicants for chairperson and 925 for commissioners.
Unlike the previous panel, which had seven members, the new team will have nine as per the recommendations of the National Dialogue Committee (Nadco) report.
The Nadco was birthed as a political compromise between President Ruto and Mr Odinga after a hotly-contested August 2022 polls.
According to the new Act, members of the new-look IEBC will be required to have proven knowledge and at least 10 years’ experience to be eligible for appointment as commissioners.
It also amended Section 6 of the parent Act and will now require new members of the commission to have proven experience in accounting or information and communication technology as additional professional qualifications.
Opposition leader Raila Odinga yesterday said that, if the country is able to get the issue of the IEBC selection panel right, then most of the issues bedevilling it will have been resolved.
“It’s not the first time we have an issue with the IEBC. If we find a solution with this IEBC, we will be on our way to resolving many other underlying issues in our country,” Mr Odinga said during the signing of the Bill at the KICC early this month.
