Senators have been recalled for a special sitting today at 2.30pm to fast-track the IEBC (Amendment) Bill 2022. This follows the exit of the Independent Electoral and Boundaries Commission chairman Wafula Chebukati and commissioners Abdi Guliye and Boya Molu at the polls agency.
The law says at least six months before the expiry of the term of the chairperson or a member of the commission or within 14 days of the declaration of a vacancy in the office of the chairperson or member of the commission, the President shall appoint a selection panel.
The panel shall consist of seven members. But with the IEBC (Amendment) Bill 2022 yet to be approved by Parliament, Ruto cannot gazette the selection panel yet until he signs the Bill into law.
The National Assembly already approved the radical amendments to the law on the panel that will select, interview and pick the next IEBC commissioners last month.last August’s election, the lawmakers seem to fast-track the process for the Chebukati vacuum to be filled.
Six commissioners
The recruitment of at least six commissioners is expected to start as early as next month, following the retirement of the trio and resignation of three others - former vice chair Juliana Cherera and commissioners Justus Nyang’aya and Francis Wanderi.
The three resigned in the wake of their suspension and the formation of a tribunal to investigate their conduct in the August 9, 2022 polls.
They had indicated that they were opposed to the results that declared William Ruto president. Ruto last year gazetted vacancies for the position of IEBC chairperson and two commissioners.
According to the Act, a person is qualified for appointment as a member of the section panel if he or she is a Kenyan, meets the requirements of leadership and Integrity and holds a degree from a university recognised in Kenya.
Should the Senate follow suit and approve the amendments, the Bill will be taken back to the National Assembly where it will then be forwarded to the president to sign it into law. However, should they reject it, it will have not much impact.
The relevant institutions will then be expected to nominate their names for approval by the National Assembly, and then be gazetted by the president. This will be followed by interviews of who will become the fourth IEBC chair and the new commissioners.
The selection panel shall elect a chairperson and vice chairperson from among its membership with PSC required to provide secretariat services and facilities.
After conducting the interviews, the panel shall select two people qualified to be appointed chairperson and nine others qualified to be appointed as members of the commission. They will then forward the names to the President.
