Wednesday, July 6, 2011

Battle shifts to House as Kibaki signs polls body Bill


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MPs are sharply divided over the distribution of the 80 seats which were agreed upon by the now defunct Interim Independent Boundaries Review Commission (IIBRC) which was chaired by Mr Andrew Ligale.
Photo/FILE MPs are sharply divided over the distribution of the 80 seats which were agreed upon by the now defunct Interim Independent Boundaries Review Commission (IIBRC) which was chaired by Mr Andrew Ligale.
By BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted  Tuesday, July 5 2011 at 22:30
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The political battle now shifts to the composition of the team to supervise Kenya's next elections and creation of extra 80 new constituencies after President Kibaki signed into law a Bill that establishes a new electoral commission.
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President Kibaki assented to the Independent Electoral and Boundaries Commission Bill a few hours after receiving it from the Attorney General’s office.
He also signed into law the Independent Offices Bill, which will guide the appointment AG Amos Wako’s successor and the Controller of Budget.
The assent brings to an end an exchange of words between three key government offices in the implementation of the Constitution over the delay in the submission of the Bills from the AG’s office to the President once passed by Parliament.
“President Mwai Kibaki has today (Tuesday) signed into law, the Independent Electoral and Boundaries (IEBC) Act 2011 and the Independent offices (Appointment) Act 2011,” said the Presidential Press Services in a statement.
Immediately, Mr Wako submitted the new Acts to the Government Printer for publication.
Given his assent
“The President has given his assent to the Bills which are now being forwarded to the Government Printer for publication,” Mr Wako said in a statement to media houses.
The AG has been under fire from Justice and Constitutional Affairs Minister Mutula Kilonzo and Commission for the Implementation of the Constitution (CIC) boss Charles Nyachae for allegedly delaying taking of Bills to the President for assent.
The IEBC Bill, in particular, was at the centre of the accusations against Mr Wako since it is a guide to the holding of the next elections and the appointment of a new team that will take over from the Interim Independent Electoral Commission, whose term is drawing to a close.
The immediate political focus will be the appointment of the new team to supervise the next elections.
The Constitution requires President Kibaki and Prime Minister Raila Odinga to consult over the nominations and forward the names to Parliament for approval before they are appointed.
Said the PPS: “The IEBC Act, established by article 88 of the new Constitution, is crucial to the formation of the Commission that will determine the 80 new constituencies created by the new Constitution as well as prepare and manage next year’s elections.”
With both PNU and ODM with an eye on the next elections, they will be particularly interested in the choice of the men and women, who will supervise the 2012 elections.
The law, however, is categorical that only one or two members of the current IIEC commissioners can serve on the new team.
The current team, chaired by Isaack Hassan has earned praise from politicians across the political divide for the professional way they handled the referendum on the new Constitution in August last year and 10 by-elections.
The disbanded Electoral Commission of Kenya, chaired by Mr Samuel Kivuitu, was roundly blamed for the bungling the 2007 elections, leading to violence in which 1,133 people were killed.
The head of the current IIEC’s secretariat, Mr James Oswago, has argued that his staff should be retained to maintain continuity.
In total contrast from past electoral commissions, the new team will have nine members with only the chairman and the vice serving on permanent basis.
Seven others will serve on part time basis for a non-renewable term of six years.
The nine-member commission’s immediate will be to redraw boundaries of constituencies with a view to create 80 new seats in preparation for 2012 elections.
MPs are sharply divided over the distribution of the 80 seats which were agreed upon by the now defunct Interim Independent Boundaries Review Commission (IIBRC) which was chaired by Mr Andrew Ligale.
The report was debated alongside the Bill last month and it was designated as the primary document that should be used by the IEBC when it sits down to create new constituencies.
MPs supporting the report argue that the criteria of distribution of the new seats by the Ligale team seeks to address past injustices while its critics are of the view that it reduces their political clout in the country.
On Tuesday, Mr Wako dismissed claims that he was secretly altering the Bill as it was passed in the House as misconceptions.
Mr Nyachae had raised concerns that certain clauses of the Bill could be altered and demanded a copy of the Bill before it was presented to the President for assent.
“There has been unnecessary anxiety regarding the Presidential assent to the Independent Electoral and Boundaries Commission Bill.
“This has arisen from mis-statements, name calling, misconceptions and unfounded aspersions cast on various offices involved in the processing of the Bill for the assent,” said the AG.

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