Plot Hatched to Have IEBC Conduct By-Elections Without Commissioners
The Member of Parliament for Mandera North, Sheikh Abdulahi Bashir, has introduced proposed legislation in Parliament seeking to modify the Kenyan Constitution to provide extra authority to the Independent Electoral and Boundaries Commission (IEBC) secretariat.
This proposed amendment seeks to authorize the IEBC secretary to supervise and organize a by-election when the Commission is not fully appointed.
“Where the Commission is not constituted, the Secretary to the Commission shall perform the functions of the Commission related to the conduct of a by-election under Article 101 (4),” the amendment reads.
In a conversation with Gossipa2z.com, a legal expert highlighted that the proposed amendment to IEBC’s operations aims to address the vacancy left by the resignation of multiple IEBC commissioners.
Citing the various by-elections currently pending, the constitutional law enthusiast added that the Act would further solve the issue.
“They are responding to an artificial problem. For instance, if an MCA by-election needs to happen, it will be delayed because there are no commissioners,” he explained.
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“This is why such an Act is important to fix such problems. If everything was working perfectly, we should have had new commissioners by now.”
The expert further explained that in some instances, amending the Constitution requires conducting a referendum, especially in matters of sensitivity.
“Anything relating to amending the devolution, the Judiciary, the bill of rights, or the structure of the National Government should be done through a referendum,” he explained.
“Any amendment through the parliament must be passed by at least two-thirds of the Senate and the National Assembly,” he noted, highlighting some of the challenges that might face the tabled Act.
Four IEBC commissioners allied to former IEBC Vice Chairperson Juliana Cherera resigned from their positions on different occasions, following a disagreement on the 2022 August General elections results.
“It is with immense woe that today I tender my resignation as commissioner and vice chairperson of Independent Electoral and Boundaries Commission,” Cherera had noted in her resignation letter.
Plot Hatched to Have IEBC Conduct By-Elections Without Commissioners
