Kenyan MPs play with fire in poll team debate

File | NATION President Mwai Kibaki delivers his speech during the opening of a special sitting of parliament on March 22. MPs will on April 26, 2011 debate an issue which could determine whether the next election is peaceful or if the country will face another meltdown.

By BERNARD NAMUNANE bnamunane@ke.nationmedia.com AND PETER LEFTIE pmutibo@ke.nationmedia.com
Posted  Monday, April 25 2011 at 22:00

In Summary

• Revamped body to replace IIEC, supervise creation of 80 more constituencies and handle first polls under the new Constitution

MPs will on Tuesday debate an issue which could determine whether the next election is peaceful or if the country will face another meltdown.

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The law establishing the Independent Electoral and Boundaries Commission will be up for debate. It proposes a radical departure from the old ECK by creating a powerful executive office and weak commissioners who serve on a part time basis.

Already, MPs from the Orange party and the Party of National Unity, appear more intent on a fight over who should occupy what position, rather than the merits of the proposed system.

Focus is also on the creation of 80 new constituencies, which must be in place before the next elections, raising the number of legislators to 390.

The IEBC will replace the Interim Independent Electoral Commission (IIEC), chaired by Mr Ahmed Issack Hassan, which winds up in two months.

In a departure from the past, the new body will comprise nine commissioners. However, only the chairperson and the vice-chairperson, who will be elected by the commissioners, will have executive roles of policy making and management.

“The seven other members of the Commission shall be non-executive and shall serve on a part-time basis,” the Bill proposes.

It also provides that the chairperson and four other members be appointed promptly once the law is enacted.

“Four other members of the Commission shall be appointed not more than twelve months from the first appointment,” the Bill says.

The chairman must be qualified to be judge of a superior court — either the Court of Appeal or Supreme Court — and at least 10 or 15 years experience. This is in addition to experience in handling electoral matters.

This requirement has sparked differences between PNU and ODM, with each side reading mischief.

On Monday, ODM Chief Whip Jakoyo Midiwo said the party would push for higher qualifications for the chairman. He accused Justice Minister Mutula Kilonzo of tailoring the qualifications for a particular candidate.

“The qualifications for the chairperson’s seat are inconsistent with the Constitution. It is Mutula who has made it because he has a person in mind and we will amend all of them,” he said.

But Ndaragwa MP Jeremiah Kioni said PNU did not have a preferred candidate.

“PNU has no person in mind. However, our main concern is that since the gist of the Bill suggests that the secretary heads the secretariat, the person must have higher qualifications than the chairperson. What is suggested in the Bill is not tenable because this is a person who will run the show,” he said.

Mr Kilonzo warned against politicising the appointments, saying, questionable appointments led to the bungled 2007 election.

“I am not aware of those games to influence the appointment of this or that commissioner and my word to those who are playing those games is that they be aware of the dangers of politicising appointments. If 2007 is too far away, let us learn from the events in Ivory Coast and Nigeria. Do not structure a law for an individual, tribes or political parties. Let us go for the best,” he said.

The IEBC will only retain one member from IIEC and another one from the defunct Interim Independent Boundaries Review Commission (IIBRC).

Mr Kilonzo urged the panel that would pick IEBC commissioners to consider continuity.

“The Constitution is designed in such a way that it gives the new commission some continuity by drawing some commissioners from the IIEC and the IIBRC. It is the selection panel, then Parliament and the President to ensure this principle of continuity is observed when selecting, vetting and appointing the new commissioners,” he said.

Before it was dissolved

Disputes over the 80 new constituencies are also expected to come up during debate.

MPs were divided over the IIBRC report, which created 80 seats before it was dissolved in November last year.

Mr Midiwo said the report, which was adopted by the House, will form the primary reference document for the IEBC on delimitation of constituencies.

“The issue of delimitations is very clear. The document will be the primary document and majority of the MPs are agreed on this,” he said.

Mr Kioni said that the provisions of the Constitution on creation of new seats should be the defining factor.

“The Ligale report, in whatever language it is written, cannot become superior to the Constitution. Delimitation must be within the provisions of Articles 88 and 89 of the Constitution,” he said.

The two articles provide the scope of the work of the IEBC and the criteria of creating new constituencies, among them population density, infrastructure, community interest, urban centres and geographical features.