House team restores original electoral Bill

Tuesday, 24 May 2011 00:09 BY NZAU MUSAU

MOVE: Abdikadir Mohammed CIOC Chair making a point at KICC in Nairobi.

PARLIAMENTARY Constitutional Implementation Oversight Committee has upstaged the executive by restoring the original flavour of the Independent Electoral and Boundaries Commission Bill and addressing most of the faults.
Committee chairman Mohamed Abdikadir signed a report yesterday which will be tabled in the house this afternoon, and which largely restores the original spirit of the Bill approved by the Commission for Implementation of Constitution.
According to the report, a raft of amendments has been suggested for the Bill key among them the making of all commissioners including the chair and the deputies full time employees of the commission. “You will remember the original Bill had provided for part time commissioners as well as few permanent ones. We have resolved to front for a permanent, full-time commission. All commissioners will be full time,” Abdikadir said yesterday.
In its approval of the first Bill, CIC had proposed full time commission for the first three years to enable it set up a secretariat and at least undertake the first General Election.
But Justice and Constitutional Affairs minister Mutula Kilonzo who published this particular Bill changed it to say all commissioners apart from the chair and the deputy would be part time. This among other alterations forced CIC to write to parliament seeking restoration.
Another change introduced by the Abdikadir committee is the retention of the original requirement that persons to be considered for appointment as the chair of the commission be qualified to hold the position of the Supreme Court judge.
This provision was watered down with the requirement that the person of a chair be qualified to hold the position of a High Court judge in a move critics saw as tailored to suit pre-determined individuals and lower the stature of the office. “We have retained the original qualification of Supreme Court judge to ensure that the office obtains the highest respect and stature. Indeed this is the theme set out by the constitution,” Abdikadir justified this clause.
The committee has also reduced the number of the panel to interview IEBC applicants from nine in the Bill to seven. And not only has it reduced the number, it has also curtailed the domination of the committee by the executive.
According to the provisions set to be tabled by Abdikadir, the executive will only take four of the seven slots in the panel with the other three coming from non-state actors like civil society organizations and professional organizations.
Other issues which had been raised are the staggering principle of appointing the nine commissioners, the determination of the salaries for the first commission and the seemingly veiled attempt to lock out the Prime Minister from the replacement of commissioners before the first election under this constitution.
The Bill currently in parliament talks of consultation for the “first commission” and not before the “first general election.” This leaves the PM out of the equation in case of death or resignation of commissioners before the first election. “We have addressed most of these issues which were brought to our attention by various groups. We invited organizations to present views and even individuals like the former ECK chair Sam Kivuitu presented memoranda to us. We have addressed more or less all the sticking points,” Abdikadir assured.
He said besides the presentation of various people and groups, his committee had also factored MPs contribution on the floor during the second reading stage.
Abdikadir’s committee is created by the Article 262, Clause 4 of the Sixth schedule; transitional and consequential provisions of the constitution. The said clause provides the CIOC  shall coordinate to ensure timely introduction and passage of legislation required to implement the constitution.