IEBC proposes extension of key electoral activities

The Independent Electoral and Boundaries Commission (IEBC) has proposed to increase the period for key electoral activities in response to the challenges experienced in the 2013 elections.

Firstly, IEBC Chairman Issack Hassan has proposed an extension of the period of certification of the voter register from 14 days to 30 days to the election, arguing that it will provide more time for printing of the register, loading data into EVID (Electronic Voter Identification Device) and dispatching them to returning officers.

Secondly, while addressing the 6th Leadership Retreat of the National Assembly at Serena Beach Hotel, Mombasa, Mr Hassan suggested an extension of the closure of the ongoing voter registration and voters’ transfer request period from 60 days to 90 days to the election date.

“The first 30 days in those 90 days are meant for consolidating all the returns from the registration officers and generation of the register for inspection,” said Mr Hassan.

PARTY CONSTITUTIONS

The IEBC chair further recommended for an increase of party constitutions and nomination rules submission from 90 days to 180 days and presentation of party membership lists from 45 days to 120 days.

Party nominations will be conducted at least 90 days to the elections from the current 45 days.

“The effect of the proposed timelines will be that the register will be clean and available to candidates and political parties in time. There will be adequate time for parties to select their candidates and conduct dispute resolution either at the political party level, at the political parties disputes tribunal, at the Commission or in Court," he added.

Mr Hassan said that those aggrieved by the results or the process of the nominations will have a forum to seek redress.

He added that the proposed amendments, if passed, will enable the commission evaluate party nomination rules before approving their usage in candidate selection.

“This will aid the commission monitor the selection process and in effect fulfill its constitutional obligation of regulating the process by which parties nominate candidates for elections,” added Mr Hassan.

AMENDMENTS

Other proposals relate to educational qualifications for MPs and MCAs, aligning some of the provisions of the Elections Act with the Constitution, and correcting unconstitutional clauses.

He said the amendments to the Elections (Registration of Voters), Elections (General) Regulations and the Rules on Settlement of Disputes were still being drafted by the Kenya Law Reform Commission.

“We are currently developing Regulations to operationalise the Elections Campaign Financing Act, we are also considering amendments to the Voter Educations Regulations and lastly, we are also working on a model for the Regulation of political party nominations as anticipated by the Constitution. They will be laid in the National Assembly as soon as they are ready, ” said the IEBC chair.  

He added that a referendum law was being developed to address the gaps in the Elections Act with regard to the process.

“We trust that we shall be shortly engaging the committee on the referendum law considering that our proposals for amendments to the act were not carried; this lacuna is bound to present constitutional challenges very soon if not addressed.

On when Parliament will be dissolved, the chairman said under Article 102, subsection 1 of the Constitution said Parliament cannot be dissolved, rather its tenure expires on the date of the next General Election.