The Steps Needed To Fully Reconstitute The IEBC
The Independent Electoral and Boundaries Commission (IEBC) Amendment Bill of 2024 was passed into law last week. This is one of the measures taken by President Ruto as he seeks to calm things down in the ongoing anti-government protests.
Members of Parliament angered Kenyans when they ignored concerns about the now abandoned Finance Bill of 2024. However, since the previous elections, the IEBC has not had commissioners or a chairperson, meaning the option to recall the MPs was not available to disgruntled constituents. The reconstitution of the IEBC quickly became one of the demands of protesters who wanted a way to remove the now unpopular lawmakers from office.
The IEBC Amendment Bill was part of a series of legislative proposals by the National Dialogue Committee (NADCO), a bi partisan committee formed after a truce between President Ruto and opposition leader Raila Odinga. It facilitates the establishment of a selection panel to appoint new IEBC Commissioners.
The following are the steps needed to fully reconstitute the IEBC.
- Presidential Assent to the IEBC (Amendment) Act 2024: This is the starting point where the President officially approves the new law amending the IEBC Act.
- Publication of the Act in the Kenya Gazette for Commencement: The amended Act is officially published, making it legally effective.
- Publication/Declaration of vacancies for the Positions of Chairperson and Commissioners: The President officially announces open positions in the Commission.
- Submission of the Names by the Nominating Bodies for Appointment to the Selection Panel: Various designated organizations and stakeholders submit names of individuals to serve on the panel that will select the IEBC Members.
- Appointment of the Selection Panel by the President: The President then appoints members to the Selection Panel from the submitted names. This Panel will consist of nine members.
- Swearing in/Affirmation of the Selection Panel: The appointed Panel members take an oath of office.
- Selection of the Chairperson and Vice Chairperson of the Selection Panel: The Panel selects its own leadership.
- Invitation of Applications from the Public for Consideration of Appointment to the positions of Chairperson and Commissioners of the IEBC: The Panel invites qualified members of the public to apply for IEBC Positions. The applicants will be required to have a minimum of ten years experience and expertise in areas such as accounting, information and communication technology, and other professional qualifications relevant to the Commission’s work.
- Selection of Nominees from the shortlist by the Selection Panel for Presentation to the President for his further consideration. The Panel reviews applications and creates a shortlist of candidates.
- Selection by the President of the Final List of Nominees for approval by the National Assembly: Here the President reviews the shortlist of names and selects the final nominees. The names are then sent to Parliament for debate and voting for approval.
- Appointment of IEBC Chairperson and Commissioners: After National Assembly approval, the President appoints the IEBC leadership.
- Dissolution of the Selection Panel: Once the IEBC is fully constituted, the Selection Panel is dissolved.
There has been significant public pressure and political demand for comprehensive electoral reforms that will restore the public’s trust in the electoral process. This law is a first step towards that.
