President William Ruto has assented to the Independent Electoral and Boundaries Commission (IEBC) Bill that will see an immediate constitution of a new IEBC selection panel with amendments including the shortening of the term for the secretary of the commission to three years.
The Bill was initially introduced and passed in the National Assembly in May. It was later sent to the Senate which subsequently passed it on June 11. The amendments were done on the 20th of June.
The new law gives a roadmap to the formation of the IEBC. The IEBC selection panel will now consist of nine persons.
From the bill, the selection panel shall consist of two persons nominated by the Parliamentary Service Commission, representing the Majority party or coalition of parties and the minority party or coalition of parties.
Three persons will be nominated by the political parties liaison committee of whom, one shall be from a party other than a parliamentary party or coalition of parties and one from a parliamentary party.
One person will be nominated by the Law Society of Kenya, and one person will represent the Institute of Certified Public Accountants of Kenya (ICAK). The Inter-religious council will front two people.
The new provisions have emphasized the need to consider a two-thirds gender quota in the constitution of the selection panel. Bodies that will front the IEBC selection panel have been directed to ensure gender principle is strictly adhered to.
Initially, the two-thirds gender rule was not strictly anchored on the law.
"In nominating the selection panel, the respective nominating bodies shall ensure that not more than two-thirds of the nominees are of the same gender," read section 8, sub-section 2 (e) of the law.
Another key amendment is that the commission will review its operation after every general election and make necessary changes required to make its operation more efficient, effective, transparent, and accountable.
The review shall be completed within one years after every general election election. The commission shall then publish the report in the Gazette and submit the report to Parliament.
The law outlines that the selection panel will be transparent and competitive.
The constitution of the electoral commission, however, remains seven; the chairperson and six other members appointed.
In the new law, the secretary to the commission shall hold office for a term of three years and may be eligible for re-appointment for one further term for three years.
The initial provision mandated the Secretary of the Commission a five-year term. The secretary was eligible for re-appointment for one further term of five years.
The commission members shall still be appointed for a single term of six years and shall not be eligible for re-appointment.
The process of replacement of a chairperson or a member of the commission shall commence at least six months before the lapse of the term of the chairperson or member of the commission.
