MPs want IEBC Bill amended

MPs have recommended amendments to a bill that seeks to establish a commission to conduct elections next year as well as introduce 80 new constituencies.

The formation of a credible electoral and boundaries commission is expected to restore confidence in electoral processes as well as prevent violence over disputed election results in Kenya’s future.

But the threat posed by the protracted infighting within the Justice and Legal Affairs Committee hung in the background, even as Speaker Kenneth Marende shot down an attempt to stall debate over the matter. 

The MPs began debate on the crucial Independent Electoral and Boundaries Commission Bill by suggesting amendments to strengthen the proposed law while addressing its weaknesses.

Gichugu MP Martha Karua described the bill as inadequate as it should have been accompanied by laws to govern the behaviour of both the participants and the electoral body.

She said the presentation to MPs of the electoral laws as a package would prevent a repeat of the violence that marked the release of the results of the General Election of 2007.

“Having sound electoral systems is of paramount importance to this country. If we really want to avoid what we went through, we must concentrate on bringing good electoral laws,” said Ms Karua.

She said the only new aspect of the Bill was the mode of appointing the commissioners, which made it “totally inadequate” and necessitated the input of MPs to introduce amendments.

Ms Karua criticised the provision of the Bill to retain the chairman and vice-chairman of the current Interim Independent Electoral Commission in the new commission, suggesting instead that the positions should be filled competitively.

She said the Bill should also have a provision for assigning criminal responsibility on bungled elections on individuals, rather than the commission as an institution.

Ms Karua said complaints over irregularities in elections had persisted even with the formation of the IIEC, which indicates that officials under the electoral commission bear personal responsibility over irregularities.

She suggested that individuals- from clerks, messengers and drivers to the commission secretary- who bring about the blunders be jailed and banned from holding public office for 10 years.

“Even the laws we had, nothing was wrong with them. The only thing that was wrong was that we as human beings have become sophisticated in our methods of committing crimes. We are looking for laws that will deal with the sophisticated methods of committing crimes,” she said.

“We should stop cases where a commissioner tells you ‘I have no role in this, it is the returning officer. And sometimes the returning officer telling you the devil made me do it. Together with such a devil, the officer should go to jail,” said Ms Karua.

Mr Jeremiah Kioni (Ndaragwa, PNU) said it was important to give members of the public the opportunity to give an input to the Bill.

"We should try not to be perceived to have promoted any level of impunity,'' he said as he called for a quick resolution to the wrangles in the Justice and Legal Affairs Committee.

The committee is responsible for interrogating constitutional bills before and after debate by Parliament.

Mr Kioni urged caution in ensuring that the commission created by the Bill is not taken over by foreigners especially in funding.

He also proposed that voters be registered electronically to guard against rigging such as stuffing of ballot papers.

Mr Kioni asked Mr Marende and the Clerk of the National Assembly to sort the problems in the Legal Affairs Committee as it would prevent the perception that the public had been locked out of the Bill’s development.

He also supported the proposal that staffers at the electoral commission must be held accountable and take personal responsibility for their misbehaviour.

While he praised the Bill because of wide consultations in its preparation, Nominated MP Mohamed Affey said he would bring amendments to ensure that even counties are consulted in matters to do with the creation of new constituencies.

Chepalungu MP Isaac Ruto complained that everything done by the Legal Affairs Committee had been ignored.

He proposed further discussions on suggestions to stagger the service of the nine commissioners proposed by the Bill.

"The entire commission must have supervisory powers over the CEO. We must not vest it on one person otherwise we shall end up mismanaging elections,'' said the Chepalungu MP.

He said there was too much concentration of powers on the office of the secretary of the commission and expressed worry with the apparent rush to pass the bill.

While initiating debate, Justice minister Mutula Kilonzo said the critical aspects of the Bill were generated from the recommendations of the Kriegler Commission, which investigate the bungled 2007 General Election.

He said the Bill would ensure commissioners in the IEBC would be appointed through a competitive, merit-based and transparent procedure.

The bill would also address the “structural weaknesses” of the defunct Electoral Commission of Kenya by defining the roles of the commissioners and the secretariat.

The commissioners’ role will be the formulation of policy, with its implementation and the running of the day-to-day affairs left to the secretariat.

Lands minister James Orengo said it would also be necessary for politicians to show leadership even if the new commission is set up.

“During every election, write two speeches so that when you win, you read one and when you’re defeated, you read the other. That is possible in Kenya,” said Mr Orengo. 

“As we fight over these new electoral bodies, we the leaders must offer leadership,” he added.