The Independent Electoral and Boundaries Commission (IEBC) could be in more trouble after it emerged that it created two counties contrary to provisions of the law.
As is stands, Lamu and Isiolo Counties apparently exist illegally as they do not meet requirements outlined in the County Government Act 2012.
According to the act, a county should have a minimum of 15 Wards, yet both Isiolo and Lamu have 10 Wards each.
Experts claim that IEBC was aware of the legal provision when the two counties were created, but it committed an illegality without giving any explanation.
The County Government Act of 2012, which is recognized by IEBC, was formulated by the Constitution Implementation Commission (CIC).
It is alleged that the Issack Hassan-led commission might have used the un-gazetted County Government Act No. 17 of 2012 which requires counties to have a minimum of 10 Wards.
Efforts by Kenyans.co.ke to get a comment from the electoral body were futile as our calls went unanswered.
Further confusion arises from the number of nominated and elected Members of County Assembly in both counties.
Isiolo has 10 elected MCAs with nominated representatives being 15 in number, while Lamu County has an equal number - 10 elected and 10 nominated representatives.
The law requires that the number of nominated legislators in any assembly be less than that of elected representatives.
“There is no way you can have the same number of elected representatives as the number of nominated representatives. That is a travesty,” Constitutional Lawyer Jack Okulla was quoted by KTN.
Controversy surrounding creation of Lamu and Isiolo Counties comes as the latest hurdle facing the electoral body. IEBC commissioners have been under immense pressure to leave office over procurement malpractices in the run-up to the last General Election.
They are also accused of being compromised, hence, cannot be trusted to oversee another election.
