MPs fault IEBC over elections rules

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The Independent Electoral and Boundaries Commission chief executive officer James Oswago . MPs have raised a red flag over failure by the IEBC to present to the House rules that will govern the next General Election August 30, 2012  NATION MEDIA GROUP

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Thursday, August 30  2012 at  14:40

IN SUMMARY

• The law requires the rules to be in the House six months before the polling date.

Kenyan MPs have raised a red flag over failure by the electoral commission to present to the House rules that will govern the next General Election.

At a meeting in Nairobi’s County Hall, the MPs sought to know from the chief executive of the Independent Electoral and Boundaries Commission (IEBC) James Oswago, why the commission had failed to beat a legal deadline. The law requires the rules to be in the House six months before the polling date.

The MPs complained that they’d written to the IEBC three times, but they had not received a reply.

"We wrote to the IEBC on May 14, seeking to find out the status of the rules, there was no response. We wrote again on August 9, there was no response.

"We wrote on August 23, there was no response, so we want to know what’s happening,” said Ms Amina Abdalla (nominated).

Ms Abdalla chaired the joint-sitting of the House Committee on Delegated Legislation, and the Constitutional Implementation Oversight Committee (CIOC).

"These regulations have not been brought to the House, yet they are expected to have been gazetted by Tuesday next week. That’s why we want the IEBC to tell us what’s happening. We’ve only half-a sitting today (Thursday) to review the regulation, yet we haven’t received them. How do you intend to beat the deadline?” posed Ms Abdalla.

Kenya goes to the polls in March 4, 2013, therefore the deadline for the regulations is September 4, 2012 –six months to elections.

Mr Oswago said the IEBC had responded to all the letters from Parliament, and if the House had not received the letters it’s because of a “communication breakdown”. Mr Oswago added that he’d presented a copy of the draft regulations to the Attorney General Githu Muigai.  

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Diaspora voting

But MPs insisted that it was wrong for the IEBC to take the regulations to the AG, instead of Parliament. The lawmakers said they had informally received a copy of the regulations, and had proposed “many changes”.

Ms Abdalla said that among the changes is the criteria that the IEBC will use to pick polling clerks; the responsibility of the constituency returning officer, and diaspora voting.

“The IEBC is just being difficult in not declaring what the diaspora would be voting for; where they’ll do the voting and how the tallying will take place,” said Ms Abdalla, noting the uncertainty over whether Kenyans abroad will participate in the polls or not.

The coalition party symbols to be used before and after the elections, plus the vetting exercise that the commission will apply in weeding out candidates is also one of the things that MPs want to have a say on in the rules. The Leadership and Integrity Act was approved in the House last week and assented to on Monday by the President.

Nomination fees is also a big question that the MPs want the IEBC to address in the regulations.

"We’ll also discuss the contentious issue on the nomination fee, it would be wise for the IEBC to tell us what informed the 500 per cent increase in nomination fee,” said Ms Abdalla.

The meeting then was held behind closed doors, after Ms Abdalla unilaterally kicked out journalists.