How top legislatures are engineering plans to cripple Chebukati future strides

The IEBC commissioners will only be allowed to hold state jobs 10 years after leaving office, if a proposed Bill is enacted.

The IEBC Bill by Homa Bay Town MP Peter Kaluma seeks to “free” electoral agency bosses from acting to please parties with potential to form government after an election.

Some commissioners’ actions are allegedly driven by promises for state jobs, especially ambassadorial positions.

The proposed law further removes from the President the powers to appoint the chairman of the IEBC. The President shall approve seven nominees who shall meet – within seven days of their appointment and elect a chair and vice-chairperson.

The two must not be of the same gender.

“The vice-chair must qualify to hold the office of chairperson to avert cases where the commission is crippled by the absence of the chairman,” the Bill states.

In the event that even a single candidate is deemed unfit, Parliament shall reject all the names presented to it for approval.

“The National Assembly shall, within 14 days of the receipt of the nominees, approve or reject all taking into account gender, regional and ethnic diversity of the people of Kenya,” the proposal states.

The proposal gives political parties sweeping powers to nominate commissioners to the electoral agency.

The proposed legislation, which is now before the Budget Committee, further limits the IEBC chairperson to serve for one year, renewable once.

“At the end of each year of service, unless a vacancy occurs in the office of the chairperson earlier, the members of the commission shall elect a chairperson who shall serve for a period of one year, renewable once,” the Bill states.

Kaluma, a member of the Justice and Legal Affairs committee which has been deliberating on the legislation, had earlier proposed that IEBC comprises five members but changed to seven for gender balance and to cater for special interest groups.

Homa Bay Town MP Peter Kaluma during a media briefing on June 7 last year /FILE

According to Kaluma, three commissioners of whom at least one should be a woman, shall be nominated by the majority party or a coalition of parties in the National Assembly.

The minority party of coalition of parties will also be entitled to three slots. The proposal also gives the Law Society of Kenya powers to nominate one person, being an advocate of the High Court of the status of a senior counsel.

Officers currently serving at the secretariat will continue to hold their jobs should the Bill be enacted, but will have to undergo fresh vetting to determine their suitability to continue serving in the IEBC.

The Bills’ implication would be that on enactment, the current commissioners will be technically kicked out of office.

 

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