With the signing of the IEBC Bill, 2024, by President William Ruto, the process of nominating the next set of commissioners has begun.
The country is currently in crisis as a result of a dysfunctional IEBC that has rendered by-elections impossible.
A panel of nine people would be tasked with selecting the new commissioners under the legislation, which is the result of the President’s post-election discussions with ODM leader Raila Odinga.
All eyes are on the Raila and Ruto camps to get the new panel’s creation underway.
Two nominees will be selected by the Parliamentary Service Commission on behalf of the main political alliances.
Both the minority party and the coalition of parties in the majority should be represented by the nominees.
The Political Parties Liaison Committee will propose three candidates, and the Law Society of Kenya will submit one nomination.
The Interreligious Council of Kenya has two spots on the hiring panel, and a representative of the Kenya Institute of Certified Public Accountants will also be included.
The president will ‘promptly’ forward the names to Parliament following the signing.
Following the retirement of commissioners Boya Molu and Abdi Guliye in January of last year, and chairman Wafula Chebukati, the IEBC is currently without a commissioner.
Justus Nyang’aya, Irene Masit, Juliana Cherera, and Francis Wanderi, the other four commissioners, were removed for rejecting Ruto’s election as president.
With this finding, the panel’s assignment is in peril before the conversation process is terminated, as they were hired to replace the commissioners.
The Nelson Makanda-led team will no longer exist, according to the passed statute, however its members may run again.
“The selection panel existing immediately at the commencement date of this Act ceases to exist but a person who served as a member of that selection panel may be nominated to serve as a member of a selection panel appointed under this Act,” it says.
Azimio rejected the Makanda-led panel and did not submit its nominations because they had no involvement in the panel’s formation.
As a result, the minority side must appoint new members to the upcoming panel.
The Public Service Commission, which had a position on the team before to the bill’s enactment, was likewise eliminated from the panel.
“We have closed ranks on a number of issues including reconstitution of the IEBC. It testifies our country’s ability to deal with issues that undermine our national cohesion and stability,” Ruto remarked.
Professionals and men of integrity, he argued, ought to be on the new commission.
“I concur with leaders who have said we must consider integrity and professional as part of the cardinal principles of the men and women who will be tasked with the responsibility of overseeing the elections,” Ruto declared.
Boundary reviews were supposed to be completed by the end of March in addition to by-elections, but they haven’t, creating a constitutional dilemma.
Famous Generation Z activists, or “agitators,” have pointed out how difficult it will be to recall elected officials in the wake of the IEBC catastrophe.
Once created, the panel will have 90 days to finish its recruiting and can only request an extension from Parliament.
The deputy chairperson of the electoral commission is not permitted by the new law to assume the chairmanship in the event of a vacancy.
Additionally, the requirements for commission nominations have been broadened to include knowledge of accounting and information technology.
The purpose of this action is to preserve distinct lines of authority and leadership within the Commission.
