House passes crucial electoral bill

Written By:Nelly Moraa,    Posted: Wed, Jun 01, 2011

MPs were holed up in a serious debate Tuesday night that culminated in the passing of the IEBC bill

Parliament Tuesday night burnt the midnight oil to pass the Independent Electoral and Boundaries Commission bill with major amendments.

The adoption of the defunct Ligale-led boundary review commission's report and the procedure of appointing commissioners were among the contentious issues that saw some members of parliament push for last minute amendments.

The Independent Electoral and Boundary Commission (IEBC) bill now awaits presidential assent to facilitate the formation of an independent poll and boundary body.

The IEBC bill had over 70 amendments proposed by the parliamentary Constitution Implementation Oversight Committee (CIOC).

The crucial bill, had been held hostage for weeks due to the wrangles in the Justice Committee forcing the Speaker to redirect the task to the CIOC.

It was a tussle over some of the proposed amendments with the proposal to adopt the now disbanded Interim Independent Boundaries Review Commission (IIBRC) report as a primary document for the envisaged commission invited resistance.

But those in favor of the proposal such as Gichugu MP Martha Karua, felt the new commission must have a point of reference to start from. She support her stand by citing how the Committee of Experts made reference to the Constitution of Kenya Review Commission (CKRC) report, when drafting the new constitution.

The appointment of commissioners to the electoral and boundary body was another bone of contention, with Ndaragwa MP Jeremiah Kioni moving a last minute amendment that would have locked out the President and Prime Minister in the nomination exercise, a move supported by Energy Minister Kiraitu Murungi.

It was a proposal that was shot down with the majority of members, arguing that an election is a political process and the two cannot be divorced from the exercise, with Karua calling for the spreading out of nominations to various professional bodies.

IEBC guidelines 

The IEBC bill passed with amendments that provides for stiff penalties for electoral officials who subvert a free and fair election.

It however insulates the commission from political manipulation by specifying timeliness, for which Parliament is required to dispense with the final boundary report, failure to which the commission can by-pass parliament and forward the report for publication. The government printer who refuses to publish the report also risks a jail term.

Employees of the Interim Independent Electoral Commission (IIEC) will also be retained and will not have to face a competitive recruitment process as the current commissioners.

Commissioners to the IEBC will enjoy a single term of six years on permanent basis, and the qualifications of the chairman were enhanced to ensure only those who qualify to serve as a judge in a Supreme Court can be appointed.

The bill is critical to the election process as the constitution provides for an additional 80 constituencies which the body is expected to delineate.