- Eyes are on the Raila and Ruto parties to kickstart the process of creating the new panel
- The major political coalitions are to nominate two persons through the Parliamentary Service Commission
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President William Ruto’s signing of the IEBC Bill, 2024, has set in motion the recruitment of the next group of commissioners.
The country is currently in a crisis in the wake of a dysfunctional IEBC that has made it impossible to conduct by-elections.
The legislation, a product of the President’s post-election dialogue with ODM leader Raila Odinga, creates a panel of nine to enlist the new commissioners.
Eyes are on the Raila and Ruto parties to kickstart the process of creating the new panel.
The major political coalitions are to nominate two persons through the Parliamentary Service Commission.
The nominees are to represent the majority party or coalition of parties and the minority party or coalition of parties.
Three persons will be nominated by the Political Parties Liaison Committee while the Law Society of Kenya is supposed to nominate one person.
The hiring panel shall also comprise a representative of the Institute of Certified Public Accountants of Kenya, whereas the Interreligious Council of Kenya has two slots.
With the signing, the president is expected to send the names to Parliament 'promptly'.
IEBC presently has no commissioner after chairman Wafula Chebukati and commissioners, Boya Molu and Abdi Guliye, retired in January last year.
The other four commissioners - Juliana Cherera, Francis Wanderi, Justus Nyang'aya and Irene Masit - were kicked out for rejecting Ruto's election as President.
With the development, the panel hired to replace the commissioners, before the dialogue process cut short their assignment is at stake.
The enacted law says the Nelson Makanda-led team will cease to exist, although the members could be re-nominated.
“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 send its nominees to on grounds that they were not involved the panel's creation.
This means the minority side has to send new members to the to-be-established panel.
Public Service Commission, which had a slot in the team that existed before the bill was signed into law, was also removed as member of 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 said.
He said the new commission should include professionals and men of integrity.
“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 said.
Besides by-elections, boundary reviews were to be done by the end of March, but that is yet to happen, staging a constitutional crisis.
Agitators – famed as Gen Zs, recently noted the challenge of recalling elected leaders in the wake of a dysfunctional IEBC.
Once formed, the panel will have a 90-day deadline to complete its recruitment and can only secure an extension from Parliament.
The new law bars the electoral commission vice chairperson from taking up the role of chairperson in case of a vacancy.
The criteria for appointments to the commission have also been expanded to incorporate expertise in information technology and accounting.
This move is intended to consolidate leadership and maintain clear lines of responsibility within the Commission.