Today, the Senate Justice Legal Affairs and Human Rights Committee (JLAHRC) led by Bomet Senator Wakili Hillary Sigei convened with key stakeholders including the Independent Electoral and Boundaries Commission (IEBC), Office of the Registrar of Political Parties (ORPP), Political Parties Liaison Committee (PPLC), Inter-Religious Council (IRC), and the Electoral Law and Governance Institute of Africa (ELGIE) to deliberate on submissions concerning the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024 (National Assembly Bills No. 10 of 2024).

The Bill seeks to introduce pivotal reforms aimed at refining the operational framework of the IEBC. The proposed amendments underscore the necessity for enhanced transparency, efficiency, and accountability within the Commission’s processes.

𝐊𝐞𝐲 𝐀𝐦𝐞𝐧𝐝𝐦𝐞𝐧𝐭𝐬 𝐏𝐫𝐨𝐩𝐨𝐬𝐞𝐝:

One significant amendment involves the redefinition of critical terms within the Principal Act. The Bill proposes the deletion of specific phrases from the definition of “chairperson” to streamline the understanding of roles within the Commission. Additionally, it introduces the term “parliamentary party” to mean a coalition of parties constituting no less than five percent of the National Assembly membership.

The Bill also aims to expand the criteria for appointments to the Commission by incorporating expertise in information technology and accounting. This diversification of skills is anticipated to bolster the Commission’s efficiency and effectiveness.

A notable structural change is the elimination of provisions allowing the vice-chairperson or any member to act as chairperson in the event of a vacancy. This move is intended to consolidate leadership and maintain clear lines of responsibility within the Commission.

Further, the Bill proposes to reduce the term of the Secretary of the Commission from five years to four years. This adjustment aims to align the tenure with the broader administrative cycle and promote continuity.

In a bid to enhance electoral integrity, the Bill introduces a mandatory review of the conduct of general elections. The IEBC will be required to publish a comprehensive report within eighteen months post-elections, which will then be submitted to Parliament. This provision is designed to ensure ongoing improvements in electoral processes.

The delimitation of electoral boundaries is another area of focus. The Bill outlines new procedures for this critical task, requiring reports to be considered solely by the National Assembly. 

To enhance the inclusivity and transparency of the IEBC’s selection panel, the Bill proposes expanding the panel from seven to nine members and revising the nomination process. It mandates the Parliamentary Service Commission to finance the panel’s operations, ensuring sufficient resources for thorough and impartial selection processes. The panel will have a 90-day deadline to complete its recruitment tasks, with possible extensions subject to parliamentary approval.

Amendments to the quorum and decision-making processes within the Commission are also proposed, altering the requirement from a simple majority of members present to a majority of all members.

Lastly, the Bill includes transitional provisions to manage the dissolution and reconstitution of the selection panel, ensuring continuity in the Commission’s functions.

𝐂𝐨𝐧𝐬𝐞𝐪𝐮𝐞𝐧𝐜𝐞𝐬 𝐚𝐧𝐝 𝐈𝐦𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬:

The proposed amendments are poised to clarify roles within the IEBC, reduce ambiguity in leadership responsibilities, and broaden the Commission’s expertise. By setting a fixed term for the Secretary and mandating reviews of general elections, the Bill promotes administrative stability and accountability. The revised procedures for delimitation of electoral boundaries and the expanded selection panel are expected to enhance representation and inclusivity, fostering greater public trust in the electoral system.

𝐍𝐞𝐱𝐭 𝐒𝐭𝐞𝐩𝐬:

Following today’s submissions and public participation as mandated by Senate Standing Orders. The Committee is expected to compile and present its report to the House by June 8, 2024, outlining recommendations and potential revisions to this Bill.