The delayed reconstitution of the Independent Electoral and Boundaries Commission (IEBC) may make it more difficult to create new constituencies ahead of the 2027 General Election.
The revelations emerged on Wednesday, January 29 during the ongoing three-day mid-term retreat for Members of Parliament at the Lake Naivasha Resort in Nakuru County.
National Assembly Speaker Moses Wetang'ula expressed fears that the boundary delimitation process may be the biggest casualty of the delayed reconstitution of the electoral agency. The review of constituency boundaries was last done in 2012, leading to the creation of 290 constituencies up from 210.
"The delay in the reconstitution of IEBC has stalled crucial activities, including boundary delimitation, which is vital for the country’s electoral system, as well as the timely conducting of by-elections in constituencies and wards that have experienced vacancies,” said Mr Wetang’ula.
The speaker added: "It may also make it impossible to create additional constituencies to the existing 290 ahead of 2027. It is unlikely that the commissioners will have time to conduct boundary review ahead of the 2027 General Election. We have lost a lot of time because of court cases. We do not know whether there will be the possibility for creation of additional constituencies once the new commissioners assume office."
Mr Wetang'ula pointed out that the Constitution establishes the current 290 constituencies, leaving no room for expansion due to time constraints.
However, said that demographic-based adjustments could allow the IEBC to redraw boundaries by redistributing populations within existing constituencies.
“The only changes possible will involve demographic adjustments, but it will be difficult to increase the total number of constituencies,” he said, urging Members of Parliament to support the IEBC in carrying out this task once the new commissioners assume office.
"The importance of having a fully constituted commission cannot be overstated, as it directly affects the conduct of elections and the accuracy of electoral boundaries, which are crucial for fair representation in parliament,” he said.
Article 89 of the constitution on delimitation of electoral units states that there shall be 290 constituencies for the purposes of the election of the members of the National Assembly.
Article 97 (1) (a) (b) provides that the National Assembly consists of 290, each elected by the registered voters of single member constituencies and 47 women picked by the registered voters per county.
The law further states that IEBC 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 12 months before a General Election.
“The commission shall review the number, names and boundaries of wards periodically. If a General Election is to be held within 12 months after the completion of a review by the commission, the new boundaries shall not take effect for purposes of that election,” it states.
Mr Wetang'ula said that a fully constituted commission is critical for ensuring the timely conduct of by-elections and advancing the vital process of boundaries delimitation going into the future.
The nine-member selection panel, that was gazetted by President William Ruto and sworn in on Monday, is tasked with recruiting nominees for the positions of chairperson and members of the IEBC.
The panel includes Kiome Lindah Gakii, Oloo Adams, James Evans Misati, Nicodemus Kipchirchir Bore, Koki Muli Grignon, Carolene Kituku, Tanui Andrew Kipkoech, Nelson Makanda and Fatuma Saman.
“It is imperative that the IEBC selection panel speedily reconstitutes the commission to allow the people of Kenya to have full representation in parliament and in their local wards. Several constituencies and wards have lost elected representatives due to various reasons like death or resignation and are yet to conduct by-elections," Mr Wetang’ula said.
National Assembly Majority Leader Kimani Ichung’wah echoed Mr Wetang'ula's sentiments, noting widespread disquiet over the delays in reconstituting the IEBC.
With the panel now operational, Mr Ichung’wah urged it to act swiftly and transparently to identify individuals of integrity capable of steering the IEBC effectively.
“There are various constituencies that remain unrepresented, leaving citizens disenfranchised for far too long. It’s imperative that these gaps are addressed as a priority,” he said.
After the swearing-in of the selection panel, the IEBC could be fully constituted within the next three months as stipulated in the amended IEBC Act. Speaker Wetang'ula also urged MPs to prioritise attending committee and House sessions.
"Lack of quorum has been a major impediment to the House business. I urge you to actively participate in House proceedings in line with laid down requirements," said Wetang'ula.
The absence of the IEBC has in the past months sparked widespread public discussion especially on social media, where hashtags have called on speedy reconstitution of the commission.
Opposition leaders, including Wiper Party leader Kalonzo Musyoka and Martha Karua of Narc Kenya have been vocal in demanding the appointment of new commissioners.
Since the term of former IEBC chairman Wafula Chebukati and commissioners Boya Molu and Abdi Guliye ended in January 2023, the commission has been operating under the secretariat, which has limited legal authority.
The lack of commissioners has hindered crucial electoral tasks such as conducting by-elections and reviewing electoral boundaries.
The secretariat, led by CEO Marjan Hussein Marjan, has been restricted to routine functions, such as staff training and procurement of non-strategic materials.
Last year, MPs introduced a Bill in the National Assembly seeking to prevent the scrapping of more than 40 constituencies ahead of a boundary review by the electoral body because they did not meet the population threshold as required by the law.
Thika Town MP Alice Ng’ang’a introduced a legislative proposal before the National Assembly to amend Article 89 of the Constitution, to once again protect the targeted constituencies, even after failing to meet the population quota requirement.
Ms Ng'ang'a, through the Constitution of Kenya (Amendment Bill) 2023, sought to amend the law to ensure that the constituencies are protected for another minimum of eight and a maximum of 12 years, allowing them to gradually grow their population to meet the threshold.
The proposal by the Thika MP sought to ensure that the review of constituency boundaries does not result in the loss of an electoral area that existed prior to the 2010 promulgation of the Constitution. The proposal has since been referred to the Departmental Committee on Justice and Legal Affairs.
However, because of the IEBC reconstitution delays, it did not take place.
