MPs approve 80 new constituencies

By Martin Mutua Parliament sat through Tuesday to midnight and approved the 80 new constituencies drawn by disbanded Ligale Commission, but over which political parties deadlocked last November.
The House also gave its seal of approval to the raft of strident rules that will govern the electoral process and conduct of election managers, with a bias for individual responsibility and heavy penalties for malpractice and misconduct.
The approval of the new electoral units, which pushes the number of constituencies from 210 to 290, will redraw the country’s political map. It will also raise the stakes for political parties during the General Election due next year.
The new units are contained in the Independent Electoral and Boundaries Commission Bill 2011 that crossed the trickiest hurdle on Tuesday.
Sitting up to midnight the packed House under chairmanship of Deputy Speaker Farah Maalim and Temporary Speaker Joyce Laboso also passed the Salaries and Remuneration Commission Bill 2011, which sets up a body that will harmonise salaries of public officers.
The two Bills, which were moved by Justice Minister Mutula Kilonzo soon after question time, and requests for statement at 3.45pm, saw members go through them clause by clause, with amendments proposed and passed.

Amendments rejected

A move by Ndaragwa MP Jeremiah Kioni to introduce amendments to water down the amendments to have Ligale Report struck out from the Bill were rejected.

Public Health Minister Beth Mugo and Assistant Minister Nderitu Muriithi supported him.
The Bills now await presidential assent to become law, setting the stage for new experience for the country in terms of political and public financial management.

Apart from adoption of the amendment of the Fifth Schedule that relates to the controversial Ligale Report on boundaries, the new body, which merges the Interim Independent Electoral and Boundaries commissions, is mandated to resolve all sticky issues that arose from the November report. It must publish its final report within four months after it is constituted.

And for the first time the House warned members or employees of the new commission who knowingly subvert the process of a free and fair elections or knowingly obstruct the commission in the discharge of its functions or otherwise interferes with the functions of the commission that, this would be offence.

The proposed law states that those found to have committed those crimes could be jailed for a term not exceeding three years or a fine not exceeding Sh1 million or both.

The Bill further states that any person convicted of any such offence shall not be eligible to hold any public office for ten years after conviction.
border review guidelines
 
The amendment, which was moved by Mandera Central MP Abdikadir Mohammed, gave the new body the mandate to use the Ligale Report as primary reference material, which was adopted by Parliament, and also use as secondary reference material a report of the parliamentary committee of the former boundaries commission.

According to the Bill the issues arising out of the first review are the redistribution of such wards or administrative units in the affected constituencies, as may be appropriate.

However, this may be subject to the Constitution addressing issues of new constituencies falling outside the population quota as provided for by Article 89 (6) of the Constitution, but at the same time ensuring that such a process takes into account several factors.
They include provisions of Article 89 (7), which stipulates that in undertaking this work the commission shall consult all interested parties and progressively work towards ensuring the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota. According to the new amendments which Abdikadir stated had been worked out by the Commission on Implementation of the Constitution, which he chairs, the process shall not be subject to new definitions of cities, urban areas, and sparsely populated areas or to new population figures.
According to proposed new law the new body shall prepare and publish a preliminary report outlining the proposed new boundaries for all the 290 constituencies as well as the wards and the specific geographical and demographical details relating to such delimitation.

Public input
And the commission shall ensure that the preliminary report is made available to the public for a period of 21 days and invite representations from the public on the proposals contained in the report during that period.

Upon expiry of the 21 days the commission shall within 14 days review the proposed delimitation of the boundaries considering the views received and submit the revised preliminary report of proposed boundaries to the parliamentary committee.

The parliamentary committee shall within 14 days of receiving the revised preliminary report table it in Parliament, together with its recommendation for debate and approval.
According to the proposed new law, Parliament shall within seven days of the tabling of the revised preliminary report consider it and forward its resolutions to the commission.

The Bill further states that within 14 days of the expiry of the period the commission shall take into account the resolutions of Parliament prepare and submit its final report outlining the new developments for publication in the Kenya Gazette.

The proposed law warns that where the final report is not published in accordance with the procedure, the commission shall within seven days of its submission, get the report published in at least two dailies of national circulation. It says such publication shall have effect as if it were done in the Kenya Gazette.

The proposed law also offers a window for those aggrieved with this action, as any person may apply to the High Court for a review of the commission’s decision within 30 days of the publication of the decision, which shall be heard and determined within the same period.
According to the proposed new law, the commission shall also publish the names of the new boundaries and facilitate sensitisation of the public on them for a period of 30 days.

Selection panel
It stipulates that both the President and the Prime Minister shall within 14 days after the commencement of this Act and with the approval of Parliament appoint a selection panel comprising of two people — a man and woman nominated by the President and two others, also a man and woman, nominated by the PM.

At the same time the Judicial Service Commission and the Kenya Anti-Corruption Advisory Board are also supposed to nominate one person each, as well as the Association of Professional Societies of East Africa.