The Independent Electoral and Boundaries Commission (IEBC) has thrown spanner in the works after directing political parties to ensure they observe the two-thirds gender rule in nominating contestants for the positions of the Member of National Assembly and the Senate.
In a letter addressed to all parties dated Wednesday, April 27, IEBC chairperson, Wanyonyi Wafula Chebukati, stated that the electoral body will not accept a list of nominated candidates that does not meet the two-third gender rule.
Chebukati, however, noted that parties will be allowed two days after the nomination deadline to rectify the final lists to be submitted to the electoral commission.
"In the event, a nomination list does not comply with the two-thirds gender requirement, the Commission will reject the list and will communicate the rejection in writing to the political party.
"The Commission will provide the political party an opportunity to revise the list and resubmit the revised list to the Commission within 48 hours of receipt of communication from the Commission," read Chebukati's letter in part.
According to the IEBC timelines, political parties are expected to submit a list of nominated candidates contesting in the August 9 polls by 5pm today (Thursday, April 28).
Nonetheless, if parties fail to meet the fresh requirements, the IEBC boss noted that they would be blocked from participating in the upcoming General Election.
"You are hereby reminded that all political parties participating in the upcoming General Election must comply with the existing statutory obligations and ensure all lists of nominated candidates for the 290 Constituency based elective positions for Members of the National Assembly and 47 County-based positions for the Members of the Senate must comply with the two-thirds gender rule," he stated.
Chebukati defended the move stating that the directive was based on a court judgment that was delivered in 2017 in a case filed by Katiba Institute.
Articles 10, 19, 20, 27, 28, 56, and 91(1) of the Constitution obligated IEBC to reject any nomination list of a political party for its candidates for the 290 Constituency based elective positions for Members of the National Assembly and 47 County-based positions for the member of the Senate that did not comply with two-third gender principle.
The directive by IEBC poses a new headache to political parties that undertook party primaries in the last few weeks.
Chebukati's directive could further force parties to award nomination certificates to candidates who were not elected during the primaries, which could result in fallout among the candidates.
