BBI proposal on distribution of 70 constituencies unconstitutional - IEBC

The IEBC has termed as unconstitutional the proposal in the BBI to allocate 70 additional constituencies to some 28 counties.

Chairman Wafula Chebukati said that while BBI promoters are right to create the constituencies, they erred in allocating the constituencies to specific counties.

He said distributing the constituencies to counties is the work of the commission as stipulated in Articles 84(4)(c) and 89 of the Constitution

"It is in order for Parliament or through a referendum to create additional constituencies but the work of allocating them is work of IEBC, " Chebukati said.

The chairman made the presentation on Wednesday before the joint Justice and Legal Affairs Committees of Parliament on the Constitution of Kenya (Amendment) Bill, 2020.

The Bill has created additional 70 constituencies to push the number to 360.

The constituencies are distributed among 28 of the 47 counties.

Chebukati said that while his team appeared before the BBI taskforce, they only made submissions on how to curb poll chaos.

He said the commission was never consulted by the BBI promoters on the additional constituencies.

The IEBC boss at the same time defended the commission for the delays in beginning the process of delimitation of the boundaries.

He said that while the commission was ready, there were delays to get funds from the Treasury and data from KNBS and they had already developed a boundary review plan.

He however said they have received some funds in the current financial year and is currently putting in place infrastructure in readiness for the boundary review.

The chairman also denied claims that there is a division among the Commission, saying that the reports were propagated by a section of the media.

Chebukati said the commission has continued to undertake its mandate as provided for in law.

He said the commission is not to blame for the delays to fill the vacant commissioners' slots.

Chebukati said the commission is ready to conduct a referendum.

However, he says the commission cannot procurement items for the same due to a lack of budget.