ELECTORAL REFORMS

Chebukati-led team to be vetted afresh under BBI

Commissioners who are are in office shall be vetted to determine their suitability to continue serving.

In Summary
  • The President will appoint a vetting panel, which shall consist of five members.
  • Once informed of the decision of unsuitability to continue holding office, a member shall be deemed to have been removed from office.
IEBC chair Wafula Chebukati
IEBC chair Wafula Chebukati
Image: FILE

 IEBC chiefs will be vetted afresh in proposed amendments to rid the agency of rogue officers ahead of the 2022 polls.

The Building Bridges Initiative report recommends fresh vetting in what is seen as a tactic to force out the Wafula Chebukati-led team. 

The Election Laws (Amendment) Bill, 2020 states that within 30 days from the commencement of the Act, IEBC commissioners who are in office shall be vetted to determine their suitability to continue serving.

 
 

The proposal has been seen to suggest that the country needs to get new IEBC commissioners before 2022.

The report says the President will appoint a vetting panel, which shall consist of five members.

Members will include the chairperson - who shall be qualified to be a Supreme Court judge - two members nominated by political parties (one from the majority party and one from the minority party) and two members nominated by a joint forum representing religious organisations.

The Public Service Commission shall provide secretariat services for the vetting process.

“The vetting panel shall consider information gathered in the course of personal interviews, summary of the complaints, if any, from the public against the members, as well as their records,” the report says.

The BBI drafters say the Election Laws (Amendment) Bill, 2020 seeks to amend various election-related laws to deliver an electoral system that is transparent, accountable and democratic and promotes the will of the people.

The Bill says the vetting panel shall within 14 days of finalising work inform the concerned members, in writing, of the outcome of the process.

 
 

“A member shall continue to serve for the remainder of their term where the vetting panel determines the member to be suitable to continue holding office. “Once informed of the decision of unsuitability to continue holding office, the member shall be deemed to have been removed from office,” it adds.

 

The report says that vacant positions in the membership of IEBC shall be filled within 60 days of the commencement of the Act.

The current IEBC commissioners were sworn into office in January 2017 but the number reduced to six when Roselyn Akombe resigned before the repeat presidential polls.

Three of the six IEBC commissioners resigned from the troubled electoral agency in April 2018.

Vice-chair Connie Nkatha Maina, Margaret Mwachanya and Paul Kurgat faulted Chebukati’s ability to lead the commission. The falling out left Chebukati, Abdi Yakub Guliye and Boya Molu.

The report says Kenyans agreed that IEBC should be restructured to enhance its effectiveness and accountability, as well as restore public confidence.

On recruitment of commissioners to fill vacancies at IEBC, it said some Kenyans want the Constitution and IEBC Act amended to allow parliamentary political parties and coalitions to nominate commissioners.

It said others said that the current expert panel model should be expanded to include either MPs, parliamentary political parties and coalitions or the Political Parties Liaison Committee.

The report further says IEBC should review its operational and administrative systems to ensure, among other things, transparency in hiring, timely and transparent procurement of election materials and the security and integrity of electoral management systems.

It adds that IEBC shall, at least 18 months to a general election, compile and publish an election timetable specifying the activities to be undertaken during the electoral cycle, the duration of each activity and final day for each activity.

Edited by Henry Makori

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