Population Quota Crisis: 24 Constituencies Face Disbandment
As the deadlines set by the Constitution for boundary reviews approach expiration, the nation faces the looming specter of a Constitutional dilemma, exacerbated by the absence of an adequately operational electoral commission.
The specified electoral districts include Othaya, Ndaragwa, Budalang’i, Vihiga, Voi, Wundanyi, Mwatate, Galole, Bura, Isiolo South, Samburu East, Laisamis, North Horr, Saku, Kilome, Mukurweini, Mbeere North, and Mathioya.
Others are Kangema, Marakwet East, Keiyo North, Tetu, Mogotio, Lamu East, Lamu West and Mvita.
The poll body last did a review of the boundaries in March 2012.
The appointment of Commissioners hinges on the execution of the National Dialogue Committee Report, a political procedure. With the Elections (Amendment) Bill, 2023 currently under review in Parliament, this potential delay in appointing Commissioners could escalate into a Constitutional dilemma.
The Constitution mandates that the electoral authority must periodically assess the names and boundaries of electoral districts, with a minimum interval of eight years and a maximum of 12 years.
The review is prompted by regular increases in population and aims to guarantee a fair distribution of resources, including development funds allocated through Constituencies Development Fund allocations.
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The 2023 Kenya Constitution Amendment Bill, co-sponsored by Kimani Ichung’wah and Opiyo Wandayi, aims to modify legislation to safeguard constituencies for a period of at least 8 years and up to 12 years. This adjustment allows constituencies the opportunity to incrementally increase their population to comply with the specified threshold.
The Constitution protected the 26 constituencies during the initial assessment in March 2012. With the second assessment scheduled for 2024, 12 years after the first, it is imperative to prevent any merging of these constituencies with others.
Regarding the issue, the National Dialogue Committee in its report said: “Where there are justifiable reasons for the extension of the period for review then Parliament may extend the period provided under the Constitution by a resolution passed by the National Assembly, with the support of a majority of all the Members of the Assembly; and the Senate, with the support of a majority of all the County delegations.”
In February, High Court Judge Mugure Thande issued a ruling instructing the Nelson Makanda-led team to immediately proceed with the recruitment of new commissioners for the IEBC, including the Chairperson.
The judge noted that the political procedure, NADCO, cannot supersede the Constitution.
Population Quota Crisis: 24 Constituencies Face Disbandment