Polls agency IEBC has rejected key proposals of the National Dialogue Committee, setting the stage for a clash with the political class.
The Independent Electoral and Boundaries Commission has opposed the proposed change of the chief executive officer’s tenure to three years renewable once.
IEBC also rejected the proposal that a member of the commission can act in the absence of the chairperson and the vice chairperson.
In the same vein, the electoral agency says a quorum of members be retained as in the current law, which sets it based on members present.
The electoral commission also expressed its discomfort with the proposed composition of the IEBC selection panel, saying it has too many politicians.
“The proposal doesn’t sufficiently include all key stakeholders as it gives most priority to political parties,” CEO Hussein Marjan said.
Th suggestions go against the stand by Azimio that the proposed Nadco bills be passed as negotiated by the former Vice President Kalonzo Musyoka and Kimani Ichung’wah-led talks team.
The talks panel had also reiterated the need for the document to be adopted as proposed, citing lengthy negotiations and extensive public participation.
Following consensus from the talks, the hiring panel was expanded from the current seven to nine members.
Two persons are to be nominated by the Parliamentary Service Commission – to represent the majority party or coalition of parties and the minority party or coalition of parties.
Three persons would be nominated by the Political Parties Liaison Committee, one from the Law Society of Kenya and the Institute of Certified Public Accountants of Kenya.
The Interreligious Council of Kenya has two slots while the Public Service Commission lost its slot in the changes.
The IEBC said increasing the political party slots to five would crowd out the other stakeholders.
“The selection panel needs to be inclusive of all key stakeholders who will give additional value to the process,” Marjan said, suggesting special interest groups, PSC and other professional entities.
In the same vein, the commission says at least one of the chiefs, besides the chairman, should be a lawyer.
“We reiterate that at least one member of the commission besides the chairperson needs to have legal training because of the legal and quasi-judicial nature of election matters that the commission handles,” IEBC said.
On the tenure of CEO, the commission says it would make more sense if the head of the secretariat – currently Marjan - was handed a fixed term of six years.
“Our proposal is that the current term of the commission secretary be maintained and identify areas for improvement to undertake continuous reviews to enhance governance structure and operation framework,” the commission said.
Marjan made the call when he appeared before the National Assembly and Senate joint Justice and Legal Affairs committee, which is processing bills emanating from the President William Ruto and ODM leader Raila Odinga dialogue.
“In the alternative, should there be need to review the term, it is proposed that the same be reviewed to a single term of six years,” Marjan said.
“This will go a long way in ensuring that the commission secretary understands what is expected, plans and implements the commission’s policy directives.”
The CEO said a single term of six years would also help ensure accountability of the commission secretary.
Marjan further told MPs that since elections have complex legal underpinnings it will take one or two years for the secretary to learn the ropes.
“Depending on one’s expertise, it could take one to two years for a CEO to be conversant with electoral processes,” he said.
On commissioners acting in absence of the chairperson, the commission secretary said the appointment of is chairperson is conducted and published separately.
“A member, therefore, may not take up the seat in case of a vacancy,” Marjan explained to the Tharaka MP Gitonga Murugara and Bomet Senator Hillary Sigei-led committee.
The IEBC has also opposed the suggestion that it issues an election evaluation report six months after an election.
Marjan said that they depend on the decisions of the courts to inform the legal and operational reforms they take up after an election.
He asked MPs to increase the proposed time to 18 months. “This will enable the commission to have more time to conduct the evaluation and identify areas for reform.”
Marjan said, “The quorum should be dependent on the number of members in post.”
The electoral agency CEO said that their desire is that“where a vacancy has occurred and the membership is less than five, the quorum shall not be less than 50 per cent of the number of commissioners in post.
“The intention of the bill is appreciated. However, we have some reservations on the issues identified and urge this House to consider the proposals.”
MPs are in a race against time to enact the IEBC law, which is aimed at addressing delayed boundaries delimitation and pending by-elections.
