Sunday, May 29, 2011

A record 70 amendments on polls Bill

Photo/FILE  MPs at a past session of Parliament. Another amendment gives Parliament an oversight role over the commission. The IEBC will be expected to submit its report to the House for review before publication.
Photo/FILE Another amendment gives Parliament an oversight role over the commission. The IEBC will be expected to submit its report to the House for review before publication.
By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Sunday, May 29 2011 at 22:30

The battle over new constituencies returns to Parliament on Tuesday, with 70 amendments to the Independent Electoral and Boundaries Commission (IEBC) Bill lined up for debate.
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This is the highest number of suggested changes to any Bill since the promulgation of the Constitution on August 27, last year.
One amendment seeks to limit the President’s powers to pick the panel that will appoint commissioners to the body.
The MPs want the Prime Minister, political parties, Parliament, the Judicial Service Commission and professional organisations involved in the constitution of the selection panel.
Similarly, there’s a push for commissioners serving in the Interim Independent Electoral Commission (IIEC) and those who served in the defunct Interim Independent Boundaries Review Commission (IIBRC) to be eligible for appointment to the new body.
The proposed minimum qualification is a post-graduate degree and experience of 10 years.
Also suggested is a clause that will make it easier for the IEBC to venture into electronic voting and e-mapping without seeking an amendment to the law. (READ: Embrace electronic process in elections)
But this will have to be stated explicitly in the Elections Bill being reviewed by the Commission for the Implementation of the Constitution.
MPs also want the new body to adopt the IIBRC report and Parliament’s comment on delimiting electoral boundaries.
Another amendment gives Parliament an oversight role over the commission. The IEBC will be expected to submit its report to the House for review before publication.
The formula of delimiting boundaries in sparsely populated areas and in big towns is also in focus, with members seeking a balance between the “one-man-one-vote” and “one-man-one-kilometre” principle.
Mr Abdikadir Mohammed, the chairman of the Constitutional Implementation Oversight Committee (CIOC), has suggested punitive steps to stop commissioners and the secretariat from sabotaging the commission.
A three-year jail-term or a Sh1 million fine awaits any commissioner or employee convicted of “knowingly” tinkering with the “process of free and fair elections” or who “knowingly obstructs the commission in the discharge of its functions”.
The convicts will also face a 10-year ban from holding public office. The CIOC chairman, who’s also the MP for Mandera Central, wants the public to have a say on the work of the commission.
For instance, he suggests that Kenyans be given 21 days to comment on any preliminary report before it is presented to the House for review.
Mr Mohammed also proposes that the IEBC concludes the delimiting of the 80 new constituencies within four months of its establishment.
Mr John Mbadi (Gwassi, ODM) who also sits in the CIOC, wants the current IIEC staff retained and those who worked for IIBRC given priority for any arising vacancies at the new body.
Nominated MP Mohammed Affey (ODM-K) wants the delimitation of boundaries based on the census results released last year.
Ndaragwa’s Jeremiah Kioni (PNU) seeks to shield the IEBC from creditors, who are likely to attach its property.
To avoid the confusion that dogged the IIBRC on completion of its work, MPs are opening up avenues for reports publication.
If the results are not published in the Kenya Gazette, then publication in two major dailies will suffice.

Emuhaya’s Wilbur Otichillo (ODM) wants the Bill to state categorically that the Prime Minister ought to be consulted in all appointments prior to the next elections.

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