A row is simmering between the Interim Independent Electoral Commission and MPs over the procedure of appointing new commissioners to the Independent Elections and Boundaries Commission.
Parliament has adopted a report and proposed a bill seeking to have the appointment of the new commissioners handled by a panel that will include representatives of different political parties.
But the IIEC has also prepared a draft bill seeking to have the nomination panel free from political influence. Parliament's proposal wants a panel comprising representatives from the Office of the President, Office of the Prime Minister, Public Service Commission and State Law Office taking charge of the recruitment of new commissioners.
Yesterday it emerged that three draft bills on elections expressing divergent views between MPs and experts will be tabled for discussion as a workshop to brainstorm on the IEBC bill kicks off at Simba Lodge in Naivasha today.
Apart from the proposals by MPs and IEBC, the Kenya Law Review Commission also has its own version of the bill. The IIEC opposed plans by the organisers to invite MPs to the workshop and threatened to boycott it unless the politicians were advised to keep off.
Chief Electoral Officer Major (rtd) James Oswago yesterday said the workshop has been organised by the Electoral Institute for the Sustainability of Democracy in Africa. “We felt that at this juncture it was important for an expertised examination of this matter to enable us harmonise the three bills out of the glare of the usual political machinations. The invitation of politicians has the potential of spoiling at this stage,” Oswago said.
EISA has invited the Departmental Committee on Legal Affairs and Administration of Justice led by Budalangi MP Ababu Namwamba, the IIECmembers, the Minister for Justice and Constitutional Affairs, Commission on the Implementation of the Constitution, International Commission of Jurists and the Law Society of Kenya.
Commissioners are also concerned about a clause in the constitution that insists that members of the new IEBC can only work for a non renewable six year term.
Some stakeholders are warning that the clause is a recipe for confusion and are proposing that only five commissioners should be appointed to join the reconstituted commission and three others appointed after three years to uphold continuity at the expiry of the third year.
If nine new commissioners are appointed under the new law they will only handle one election and leave office to a new team in the next elections.
A proposal by MPs to vet the Secretary of the Commission is also being opposed by those who feel it may contravene Article 250 (12) (a) which gives commissioners express authority to appoint the IEBC Chief Executive Officer. “A member of a commission, or the holder of an independent office, unless ex-officio, shall be appointed for a single term of six years and is not eligible for reappointment,” says article 250 (6) (a) of the new constitution.
The Star established that there were plans to lock out two MPs expelled by ODM from attending the Naivasha workshop. Instead three MPs appointed to replace them were to be invited to attend the workshop.
Chepalungu MP Isaac Rutto and nominated MP Sofia Abdi have purportedly been ejected from the committee by their party. “Yes I have been told I should attend the Naivasha meeting and you know once my party says so, why should I not attend,” said Gwasi MP John Mbadi.
IIEC is expected to cease to exist immediately the IEBC is created but the current secretariat will remain.
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