Poll body backs Ligale report on boundaries

The Independent Electoral and Boundaries Commission (IEBC) has adopted the Ligale report on the new constituencies.

The IEBC has also identified more than 50 Constituencies where issues were raised after the publication of the Ligale Report last year and has recommended minor changes.

“Overall, it can be said that the Interim Independent Boundaries Commission (IIBRC) stayed within the provisions of the criteria stipulated under the Constitution of Kenya 2010 and the formula applied was robust enough to consider the Key aspects required under the review of boundaries,” says the report that will be launched on Monday for public review.

Among the constituencies that leaders wanted split are North Horr, Kiharu, Mandera, Laisamis, Wajir North, Dujis, Igember South, Bonchari, Naivasha, Malava, Mathira, Kieni and Turkana Central.

On Sunday, the Centre for Multi-Party Democracy accused the electoral commission of not following the constitution by making the report of the Interim Independent Boundaries Commission (IIBRC) as its primary reference.

CMD chairman Justin Muturi said the Constitution was superior to the IEBC Act, which says the Ligale report should be used as the primary reference.

He argued that the report by the IEBC was likely to be contested if it was limited to the Ligale report which caused uproar over the new boundaries.

“There are contradictions between the Act and the Constitution and when this happens the Constitution is upheld since it is the supreme law.

“The IEBC should not give Kenyans a report that will raise more question especially if the Constitutional formula is not upheld,” Mr Muturi said.

While announcing the launch of the report on Saturday, the electoral body said that the “Constitution limits IEBC to using the Report of former Boundaries Commission (IIBRC) as its primary reference material.”

However, Mr Muturi said that the primary reference should be Article 89 of the Constitution which spells out the process of drawing electoral boundaries.

Justice and Constitutional Affairs Minister Mutula Kilonzo said that while expecting that the IEBC has done a professional job, he hopes the country will debate the report soberly while accepting the recommendations.

He added that the boundary review process is key in the preparation for the elections.

“Politicians and political parties must also speak with one voice and make comments in a peaceful manner without splitting the country ahead of the elections,” said Mr Kilonzo.

The IEBC, which took office in November, embarked on the boundary delimitation exercise that will see constituencies in Kenya increase from 210 to 290. The process is expected to be concluded by April.

“Upon appointment last year, the Commission studied and analysed the IIBRC report and that of the Parliamentary Committee against the delimitation criteria provided in the Constitution.

“It then developed the preliminary report outlining the proposed delimitation and specific geographical and other demographic details,” the IEBC statement stated.

It added that for the next 21 days, the Commission will seek public comments and proposals on the report.

The Regional Elections Coordinators and the Constituency Elections Coordinators will receive the views and there will be county consultative forums on dates to be published later this week.

The IIBRC report had proved divisive as some regions complained of what they termed uneven distribution.

Regions that have cried foul over the Ligale Commission report include Coast and parts of Eastern.

However, most leaders from Rift Valley, Western and North Eastern appear comfortable with the report.

According to the IIBRC proposals, Rift Valley was to get 26 new constituencies, Nairobi, Nyanza and Western nine each, Eastern seven, North Eastern six, and Coast and Central four each.

This would have seen the 290 constituencies distributed as follows: Coast Province 26, North Eastern 18, Eastern 44, Central 33, Rift Valley 74, Western 33, Nyanza 42 and Nairobi 17.

On Sunday, it emerged that the IEBC had put into consideration the complaints and come up with proposals to address them.

Registration of voters

According to insiders at the IEBC the proposals include reducing the number of new constituencies in some regions and reallocating them to other regions.

The review of boundaries is tied to the registration of voters as some will have to be transferred to polling stations of their choice.

According to IEBC chairman Issack Hassan, the Commission plans to register eight million more voters (from the registered 12.4 million).

“Waiting for the boundaries to be determined first before embarking on voter registration, could mean delaying the publishing of the voter register and subsequently, elections,” said Mr Hassan.