NAIROBI, Kenya, Jan 19 – The Senate has approved the Independent Electoral and Boundaries Commission (IEBC) Amendment Bill 2022 as passed by the National Assembly without any changes.
This is after 28 Senators voted to accept the Bill while 7 were against is as they wanted some amendments included.
“The Ayes 28, the nays 7, abstention 0. Mr Speaker, I beg to report that the committee of the whole has considered the Independent Electoral and Boundaries Commission (Amendment) Bill 2022, National Assembly Bill number 49 and its approval thereof without amendments,” Garissa Senator Abdulkadir Haji said during a special sitting.
The IEBC Bill seeks to change the composition of the selection panel that oversees the filling of vacant positions in the Commission.
It is sponsored by National Assembly Majority Leader Kimani Ichung’wa and was passed in the House in 2022.
The Bill proposes the Parliamentary Service Commission (PSC) should have two slots, the Inter-Religious Council of Kenya two and one slot each for the Public Service Commission (PSC), Political Parties Liaison Committee (PPLC) and Law Society of Kenya (LSK).
In the current law, PSC had four slots in the panel.
The members were picked by parliamentary parties from the majority and minority parties.
Earlier on during the debate, Chairperson of the Senate Justice and Legal Affairs Committee Bomet Senator Hillary Sigei withdrew his amendments.
He had proposed that the Selection Panel should consist of one person nominated by the Parliamentary Service Commission, one person nominated by the Public Service Commission, one man and one woman nominated by the majority and minority political parties represented in the Political Parties Liaison Committee at the national level; one person nominated by the Law Society of Kenya; and one man and one woman nominated by the Interreligious Council of Kenya.
Nominated Senator Catherine Mumma also had amendments where she sought to have one man and one woman nominated by the majority and minority political parties represented in the Political Parties Liaison Committee at the national level and one person nominated by the Law Society of Kenya as well as one man and one woman nominated by the Interreligious Council of Kenya.
Her amendments were rejected by Twenty-Six Senators and supported by only 9 members.
With the Bill having been approved by both the Houses of Parliament, it will now be forwarded to President William Ruto who could assent it to law by Friday or latest Monday ahead of the declaration of the vacancy at the electoral body.
IEBC Chairperson Wafula Chebukati and commissioners Boya Molu and Abdi Guliye retired on Tuesday after serving for six years as provided for in the constitution.
Commissioners Juliana Cherera, Justus Nyang’aya and Francis Wanderi resigned in the wake of their suspension and formation of a tribunal to investigate their conduct in the August 9, 2022 general election.
The three together with Commissioner Irene Masit disowned the results where Ruto was declared President on August 15th.
Commissioner Masit faced the Justice Aggrey Muchelule led tribunal and is waiting for its verdict.
Section 7A (2) of the IEBC Act provides that the President shall declare vacancy in the commission within seven days of occurrence of a vacancy in the office of the chairperson or a member of the commission.
