Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-12 10:44:05
The panel tasked with recruiting the next commissioners of the Independent Electoral and Boundaries Commission (IEBC) has been without a clear timeline since its formation, posing a potential threat of a constitutional crisis. The seven-member IEBC selection panel, which commenced work on March 2, 2023, has yet to complete its mandate almost a year later. This has caused concern over the impending failure to meet the March 7, 2024 deadline for delimiting constituency boundaries due to the absence of commissioners in place to carry out the task.
In addition to the lack of clear guidelines for the timeline, the remuneration for the panel members has raised some eyebrows. The chairman of the selection committee pockets Sh30,000 per day, while members are paid Sh25,000. It has become evident that the amendment to the First Schedule of the IEBC Act in 2022, which provided for a change in the composition of the selection panel, neglected to include timelines in order to ensure that the Commission can effectively complete its mandate without undue delay.
The structure of the IEBC Act only outlines timelines when there is a vacancy in the Commission, but once the commissioners are sworn in, they have no clear timeline to complete their work. The absence of these guidelines means that the commissioners could potentially serve for an indefinite period of time. The lack of clear timelines for the selection panel and the commissioners has become a glaring oversight in the law.
Parliament has acknowledged the gap in the law and pledged to address it through amendments to the IEBC Act. The Majority Leader in the National Assembly, Kimani Ichung’wah, has promised to propose a new law to set a timeline within which the panel and commissioners have to complete their work. It has been recognized that instituting strict timelines for the recruitment of commissioners to the IEBC is crucial given the time-bound mandates of the commission.
The vacancies at the IEBC have had a significant impact on the commission’s activities, including the conduct of by-elections, delimitation of boundaries, and the review of policy documents. However, there are differing opinions on the future of the IEBC selection panel. While some members of Parliament argue that it should be disbanded due to its ineffectiveness, others believe that it needs to be restructured with the inclusion of clear timelines for its activities.
The IEBC selection panel was appointed in February 2023 and sworn in on March 2, 2023. The panel’s mandate includes inviting applications from eligible and qualified Kenyans, shortlisting and interviewing candidates, and choosing nominees for the IEBC commissioners.
The vacancies at the IEBC arose after the terms of the previous chairman and commissioners expired, leaving the commission unable to function effectively. The urgency to address the reform of the selection panel and the appointment of new commissioners is evident to avoid further delays in the crucial tasks of the commission. The potential constitutional crisis and inability to meet the March 7, 2024 deadline highlight the need for comprehensive and timely action to rectify the situation.
Read the original article on Daily Nation
