The appointment of members to the selection panel for recruitment of IEBC commissioners after a protracted legal battle has now sparked optimism of a new commission being in place soon.
President William Ruto gazetted the nine members Monday, January 27, paving the way for an extensive recruitment process to appoint the new commissioners.
The members are Kiome Lindah Gakii, Oloo Adams, James Evans Misati, Nicodemus Kipchirchir Bore, Koki Muli Grignon, Carolene Kituku, Tanui Andrew Kipkoech, Nelson Makanda and Fatuma Saman.
There has been growing concern among leaders and Kenyans regarding the delay in forming the commission, especially with the 2027 elections fast approaching.
Some constituencies and wards have been without elected leaders for years due to vacant positions that have not been filled because of the commission's absence.
Chief Justice Martha Koome who spoke when she presided over the swearing-in ceremony said IEBC has been unable to function properly due to the prolonged crisis the country has faced since January 2023.
"For the past two years, Kenya has endured an unacceptable situation—an electoral commission without commissioners," she said.
About the IEBC selection panel The panel operates under the legal framework provided by Article 250 of the Constitution, as well as the Independent Electoral and Boundaries Commission (IEBC) Act, which outlines the procedures for the appointment of commissioners.
IEBC (Amendment) Bill, 2024 which was signed into law on July 9, 2024 introduced significant changes to the selection and operations of the electoral body.
It raised the number of members to the selection panel from seven to nine.
Parliamentary Service Commission (PSC) nominates two persons to represent the majority party and the minority party, while the Political Parties Liaison Committee (PPLC) nominates three.
Of the three from PPLC, one shall be from a party other than a parliamentary party or coalition of parties, one from a parliamentary party or coalition of parties forming the national government and another one shall be from a parliamentary party or coalition of parties not forming the government.
The Law Society of Kenya (LSK) and the Institute of Certified Public Accountants of Kenya (ICPAK) will each nominate one person while the Inter-religious Council of Kenya will have two slots.
Other changes made in a bid to cure past inefficacy provides that the IEBC chairman has absolute powers over the commission such that in his absence no one else be it the vice chairperson or a commissioner can assume the role.
Term of office
The panel shall be in office for a period of 90 days upon which it will recruit and submit to the president names of the nominees for appointment.
Both the National Assembly and the Senate may, however, pass a resolution to extend its term.
Operating procedure
The selection panel shall, at its first sitting, elect a chairperson and vice-chairperson from amongst its members.
The quorum of the panel is five members.
It will also set its own rules of operations.
The Parliamentary Service Commission (PSC) shall provide the secretariat services and facilities required by the panel in the performance of its function.
National Assembly Moses Wetang’ula has already directed Parliamentary Service Commission (PSC) Secretary Jeremiah Nyegenye to facilitate the work of the panel in line with the law.
Wetang’ula observed that the law obligates the Commission to provide secretariat services, and facilities and cover the expenses related to the operations of the selection panel.
“I have communicated to the Secretary to the Parliamentary Service Commission, Mr Jeremiah Nyegenye to put in place all the necessary arrangements required to facilitate the work of the Panel as obligated by the law,” he said.
The chairperson and members of the selection panel shall, before assuming office, make and subscribe to the oath or affirmation of office.
Within seven days of its appointment, it will invite applications from qualified persons and publish the names of all applicants and their qualifications in the Gazette two newspapers of national circulation and on the PSC website.
It will then consider the applications, shortlist and interview the applicants.
The interviews are to be done in public.
Upon completion of the interviews, the panel shall select two persons qualified to be appointed chairperson and nine persons qualified to be appointed as members of the Commission and forward it to the President.
The president will then nominate one person for appointment as the chairperson and six persons for appointment as members.
Within seven days after receiving the names, the president will forward the list of nominees to the National Assembly for approval.
Appointment of the commissioners
The President shall, within seven days of receipt of the approved names by the National Assembly, by notice in the Gazette, appoint the Chairperson and the members of the Commission.
In shortlisting, nominating or appointing persons as chairperson and members of the Commission, the selection panel, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender and shall ensure regional balance.