- Following the signing of the IEBC Bill, 2024, focus now shifts to President William Ruto.
- He will be required to publish in a Gazzete Notice the names of the individuals submitted to him to sit in the panel.
Image: PCS
The signing of the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024 into law has now set the stage for a lengthy process of appointing new commissioners.
The legislation, recently passed by Parliament, introduces significant changes to the selection and operations of the electoral body.
It includes the procedure of recruiting new commissioners and grants the chairman 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.
Focus now shifts to President William Ruto who will be required to publish in a Gazzete Notice the names of the individuals submitted to him to sit in the panel.
There are, however, no specific timelines provided on when he should constitute it.
Selection panel
The panel will consist of nine members up from the initial seven, selected by various players.
They are, two persons nominated by the Parliamentary Service Commission, representing the majority party and the minority party and three persons nominated by the Political Parties Liaison Committee (PPLC).
Of the three from PPLC, one shall be from a party other than a parliamentary party or coalition of parties, one shall be 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 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.
The quorum for the conduct of business at a meeting of the Commission shall be at least five members of the Commission.
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 number.
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.
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 applicants 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.