The Mandera North Member of Parliament, Sheikh Abdulahi Bashir, has presented a Bill before Parliament aimed at amending the Constitution of Kenya to grant additional powers to the Independent Electoral and Boundaries Commission (IEBC) secretariat.
This amendment aims to empower the secretary of the IEBC to oversee and conduct a by-election in instances where the Commission is not fully constituted.
“Where the Commission is not constituted, the Secretary to the Commission shall perform the functions of the Commission related to the conduct of a by-election under Article 101 (4),” the amendment reads.
Speaking to Kenyans.co.ke, a legal expert noted that such a proposal seeking to amend the IEBC functionality is to fill the gap created after several IEBC commissioners resigned.
Citing the various by-elections currently pending, the constitutional law enthusiast added that the Act would further solve the issue.
“They are responding to an artificial problem. For instance, if an MCA by-election needs to happen, it will be delayed because there are no commissioners,” he explained.
“This is why such an Act is important to fix such problems. If everything was working perfectly, we should have had new commissioners by now.”
The expert further explained that in some instances, amending the Constitution requires conducting a referendum, especially in matters of sensitivity.
“Anything relating to amending the devolution, the Judiciary, the bill of rights or the structure of the National Government should be done through a referendum,” he explained.
“Any amendment through the parliament must be passed by at least two-thirds of the Senate and the National Assembly,” he noted, highlighting some of the challenges that might face the tabled Act.
Four IEBC commissioners allied to former IEBC Vice Chairperson Juliana Cherera resigned from their positions on different occasions, following a disagreement on the 2022 August General elections results.
"It is with immense woe that today I tender my resignation as commissioner and vice chairperson of Independent Electoral and Boundaries Commission," Cherera had noted in her resignation letter.
