𝗪𝗲𝗱𝗻𝗲𝘀𝗱𝗮𝘆, 𝗠𝗮𝗿𝗰𝗵 𝟲, 𝟮𝟬𝟮𝟰

The Independent Electoral and Boundaries Commission (Amendment) Bill, 2024 was read for a First Time in the National Assembly on Tuesday.

The Bill seeks to give effect to some of the recommendations and views of the public that were submitted during the National Dialogue discourse on the issues of Electoral Justice and related matters; outstanding Constitutional matters; fidelity to Political Parties/Coalitions and the law on multiparty democracy; entrenchment of the National Government Constituencies Development Fund (NGCDF); the Senate Oversight Fund and the National Government Affirmative Action Fund (NGAAF) and establishment and entrenchment of State Offices.

The Bill co-sponsored by Leader of the Majority Party, Hon. Kimani Ichung'wa (Kikuyu) and Leader of the Minority Party, Hon. Opiyo Wandayi (Ugunja) also seeks to amend the Independent Electoral and Boundaries Commission Act, No. 9 of 2011 to clean up the Act by deleting obsolete provisions.

Following the Judgment of the High Court in Katiba Institute & 3 Others v Attorney-General & 2 Others [2018 wherein the High Court held that certain provisions of the Act were unconstitutional, the Bill introduces amendments intended to align Act. 

Specifically, Clause 2 of the Bill seeks to amend section 2 of the existing Act by aligning the definition of the chairperson of the Commission to the Judgment of the High Court and by deleting obsolete provisions in the section.

If the Bill is passed by the House and assented to, Commissioners of the IEBC will be expected to have experience in accounting or information and communication technology as additional professional qualifications for appointment as a member of the Independent Electoral and Boundaries Commission.

Clause 5 of the Bill seeks to amend Section 10 of the principal Act to provide that the term of the secretary to the Commission shall be three years, renewable once.

Regarding operations of Kenya's electoral body, Clause 6 of the Bill empowers the Commission to review its operations and make the necessary changes required to make its operations more efficient, effective, transparent and accountable after every general election.

The Bill further seeks to amend the First Schedule to increase the number of members of the selection panel from seven to nine in order to accommodate a wide spectrum of stakeholders and interest groups.

 Regarding operations of Kenya's electoral body, Clause 6 of the Bill empowers the Commission to review its operations and make the necessary changes required to make its operations more efficient, effective, transparent and accountable after every general election.

Following a directive by the Speaker of the National Assembly, Hon. (Dr.) Moses Wetang'ula, the Committee on Justice and Legal Affairs of the National Assembly will hold joint sittings with the Senate Standing Committee on Justice, Legal Affairs and Human Rights; in accordance with the Standing Orders to this consider this Bill alongside other proposals to amend the Constitution.

Details on the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024 are available on Parliament of Kenya website.