The National Assembly and Senate have concurred on the proposed changes to the law, which are aimed at unlocking the crisis at the polls agency IEBC.
The Independent Electoral and Boundaries Commission (IEBC) currently has no commissioners, a situation that has paralysed key operations and decisions including on by-elections.
MPs passed the proposed law on Thursday, bringing to an end, the longstanding haggling between the ruling coalition and the opposition on the IEBC law.
Chairman Wafula Chebukati and his two colleagues, Boya Molu and Abdi Guliye, retired in January last year.
The other four commissioners, led by Juliana Cherera, were kicked out for rejecting William Ruto's election as president.
The country is already in a crisis in the wake of a dysfunctional IEBC, rendering by-elections impossible.
Boundaries review is among the major decisions that the courts said require commissioners’ involvement.
Crucial operations have ground to a halt as the IEBC secretariat has limits within which they can make decisions on procurement and spending.
As a result, voters at a constituency in Mandera (Banissa) and two wards in Western, are yet to replace their MP and MCAs, respectively. The seats have been vacant for months.
But that is set to change in the wake of the National Assembly and Senate agreeing on changes to the proposed IEBC (Amendment) Bill, 2024.
Senators have provided that the commissioners to be recruited at the agency should have at least 10 years of experience in the relevant fields, and that for the team compulsorily have an ICT expert and an accountant.
The National Assembly has accepted the amendments, cutting short the lengthy mediation process that follows in the event the Houses disagree.
“The committee (Justice and Legal Affairs Committee) recommends approval of the Senate amendment,” a notice on the scheduled debate reads.
With the approval, the National Assembly is expected to reflect the amendments and approve the Bill for assent by President William Ruto.
The Bill was approved in the National Assembly on Thursday, paving the way for assent by the President.
Once enacted, critical timelines kick in, including one which requires the President to appoint a selection panel promptly.
The proposed law creates a panel of nine to enlist the new commissioners, increasing two from the current law.
The panel created to recruit the commissioners cut short their job to pave the way for the dialogue between ODM leader Raila Odinga and President William Ruto.
The proposed law says the current team will cease to exist when the Bill is enacted, although the members could be re-nominated.
“The selection panel existing immediately at the commencement date of this Act ceases to exist but a person who served as a member of that selection panel may be nominated to serve as a member of a selection panel appointed under this Act,” it reads.
High-octane politics and heavy jostling always characterise nominations to the panel.
Whereas the professional bodies may retain the nominees in the current team, the political appointees may change a great deal.
It is proposed that two persons will be nominated by the Parliamentary Service Commission.
The two will represent the majority party or coalition of parties and the minority party or coalition of parties.
The hiring panel will also comprise three persons nominated by the Political Parties Liaison Committee.
Of the three, one will be from a party other than a parliamentary party or coalition of parties, another from a parliamentary party or coalition of parties forming the national government.
The third PPLC nominee will be drawn from a parliamentary party or coalition of parties not forming the national government.
The Law Society of Kenya’s post remains unchanged and will second one person to the team, should MPs approve the proposed law as drawn.
The Institute of Certified Public Accountants of Kenya has one slot and two persons nominated by the Inter-Religious Council of Kenya.
The slot assigned to the Public Service Commission was removed in the proposed law.
From now on, only parties with more than 17 members in Parliament may nominate a representative to the selection panel.
“A parliamentary party means a party or coalition of parties consisting of not less than five per cent of the membership of the National Assembly and the Senate,” the changes read.
The proposed law bars the electoral commission vice chairperson from taking up the role of chairperson in case of a vacancy.
With the proposed law setting a 90-day time limit within which the panel has to send names to the President for appointment, a new commission could be in place by October 1 or earlier.
