Court halts publishing of new constituencies
The boundaries commission has been stopped from publishing a list of 80 new constituencies.
In her ruling, High Court judge Jeanne Gacheche issued an order barring the Interim Independent Boundaries Review Commission from gazetting the new boundaries until the case is heard.
Lady Justice Gacheche was ruling on a case filed by a Nairobi businessman, who argued that the commission came up with the new boundaries without consulting the general public and other interested parties.
The trader, Mr John Kimanthi Mwangi moved to court asking it to stop the intended gazettement of the new constituencies.
“The applicant has convinced me that the case is urgent and the orders are granted,” said the judge in her short ruling.
The court will also determine whether the commission consulted interested parties as required in their mandate.
IIBRC was expected to gazette the new list of constituencies by the end of this week.
In total, the commission came up with an additional 80 new constituencies, a move that has been opposed by various bodies including some MPs. After the gazetting, the total number of constituencies will stand at 290.
The IIBRC’s mandate expires on November 27, exactly three months after the August 27 promulgation of the new Constitution.
Although this is the first case filed challenging the new constituencies. A section of MPs has insinuated that they would challenge the case in court.
According to the IIBRC proposals, Rift Valley will get 26 new constituencies, Nairobi, Nyanza and Western 9 each, Eastern 7, North Eastern 6, Coast and Central provinces 4 each.
The case will be heard on December 2 and the orders will remain in force until then.
In Parliament, MPs called on President Kibaki to stop the gazettement of the 80 new constituencies.
The lawmakers also told the IIBRC chairman, Mr Andrew Ligale and the eight commissioners, that they risked censure by Parliament if they go ahead and gazette the list.
They said the commission had “lost all credibility” and the goodwill given the apparent divisions among the commissioners over the process of delimiting the boundaries.
Speaking at a news conference in Parliament buildings, the MPs Chachu Ganya (North Horr, ODM), Mohammed Sirat (Wajir South, ODM-K), Mohammed Affey (nominated, ODM-K), David Ngugi (Kinangop, Sisi kwa Sisi), Njoroge Baiya (Githunguri, PNU), David Njuguna (Lari, PPK) and Erastus Mureithi (Olkalou, PNU) accused the commission of going against the constitution.
Mr Ganya and Mr Sirat, both from the two largest constituencies in the country, said the details in the ‘working document’ by the IIBRC had not taken into context the size of the constituencies.
They said that if gazetted and implemented, then the commission will have “perpetuated the marginalisation of these areas".
Mr Ganya said the commission had “outlived its usefulness” and called for its dissolution saying it was “an absolute waste of taxpayer’s funds".
But as he made this call, perhaps, Mr Ganya forgot that to dissolve the commission then Parliament will have to amend the Constitution –a herculean task.
Mr Sirat accused the IIBRC of playing politics. He charged that his constituency had not been subdivided since independence. Yet, Wajir North has been subdivided into three.
“This is the second largest constituency in the country. It is like Central and Western provinces combined. How then did we miss to subdivide it?” posed Mr Sirat.
Mr Affey said there was a “perception being created that only Central, Eastern and Coast had a problem. That’s not true. We also have a problem in North Eastern,” said Mr Affey. “It is apparent that there’s a lot of politics involved in this matter.”
But as the controversy raged, House Speaker Kenneth Marende said that the Constitution should be the guide in reviewing the boundaries.
“If the Ligale team has followed the law, then we should not hear the complaints we’re hearing. And I believe Mr Ligale has followed the law, the way it requires him to conduct the boundaries review, but if he has not, that’s another matter,” a non-committal Mr Marende told journalists after a meeting with the Barcelona Speaker.
In the news conference, MPs said the leaked list by the IIBRC was putting the country “in a situation where an imminent injustice is being created in the country.”
The MPs said they won’t support the leaked list until after a new list of constituencies is agreed by all stakeholders.
“The commissioners have acted unconstitutionally and in breach of leadership and integrity provisions requiring them to be independent, objective, impartial and not influenced by favouritism or other improper motives including political consideration,” said Mr Baiya.
Mr Ngugi added: “If tomorrow, Ligale gazettes, I will walk to any court and the list will be thrown out, because it is ridiculous.”
“I feel very low, that as the first African planner, that he can go and actually forment a possible civil war by gazetting constituencies which do not go with the spirit of Kenyans. We are not creating constituencies for people, we are creating them to foster development,” said Mr Mureithi.
