Speaker Wetang’ula: Boundary Delimitation at Risk Due to Delayed IEBC Reconstitution

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According to the Speaker, demographic-based adjustments might still allow IEBC to redistribute populations within existing constituencies.

National Assembly Speaker Rt. Hon. (Dr.) Moses Wetang'ula has raised concerns that the delayed reconstitution of the Independent Electoral and Boundaries Commission (IEBC) could jeopardize the crucial boundary delimitation process, affecting electoral fairness and representation. Photo/Parliament of Kenya.

National Assembly Speaker Rt. Hon. (Dr.) Moses Wetang’ula has raised concerns that the delayed reconstitution of the Independent Electoral and Boundaries Commission (IEBC) could jeopardize the crucial boundary delimitation process, affecting electoral fairness and representation.

Speaking during a Mid-term retreat for Members of the National Assembly in Naivasha, Nakuru County, Speaker Wetang’ula emphasized that while the delay has already hindered by-elections in affected constituencies and wards, it also threatens the possibility of creating additional constituencies due to constitutional time constraints.

“The delay in reconstituting the IEBC has stalled crucial activities, including boundary delimitation, which is essential for our electoral system,” said Speaker Wetang’ula. “We have lost valuable time in legal battles, and it remains unclear whether boundary delimitation will proceed once the new commissioners assume office.”

According to the Speaker, demographic-based adjustments might still allow IEBC to redistribute populations within existing constituencies.

However, he made it clear that the total number of constituencies, currently set at 290 by the Constitution, will remain unchanged.Legal Framework for Boundary DelimitationThe Constitution of Kenya (Article 89) mandates the review of constituency boundaries every eight to twelve years, with any changes finalized at least twelve months before a general election.

The IEBC also holds the responsibility to review ward boundaries periodically, ensuring fair representation across electoral units.

Speaker Wetang’ula reiterated that a fully constituted IEBC is essential for conducting by-elections and ensuring fair electoral boundaries.

He called on the IEBC selection panel to expedite the nomination and appointment of commissioners.“The importance of a functional electoral commission cannot be overstated,” he said. “We must have a commission in place to guarantee timely by-elections and ensure our electoral boundaries reflect the population dynamics.”

The nine-member IEBC selection panel, sworn in earlier this week and gazetted by President William Ruto, is tasked with identifying candidates for the positions of chairperson and commissioners.

Members of the panel include Kiome Lindah Gakii, Oloo Adams, James Evans Misati, Nicodemus Kipchirchir Bore, Koki Muli Grignon, Carolene Kituku, Tanui Andrew Kipkoech, Nelson Makanda, and Fatuma Saman.

Parliamentary Leaders Call for Urgent ActionLeader of the Majority Party, Hon. Kimani Ichung’wah, echoed Speaker Wetang’ula’s concerns, pointing out the negative impact of the delay on parliamentary representation.

He emphasized that Parliament had complied with a High Court ruling by passing the Independent Electoral and Boundaries Commission (Amendment) Act, 2023, which facilitated the selection panel’s formation.

With the panel now operational, Hon. Ichung’wah urged it to move swiftly and transparently in appointing commissioners who possess the integrity and capability to lead the IEBC effectively.

“Many constituencies remain unrepresented due to delays in conducting by-elections, leaving citizens disenfranchised for far too long. This issue must be addressed as a priority,” he stated.

Speaker Wetang’ula’s Final AppealSpeaker Wetang’ula emphasized the urgency of the matter, warning that continued delays in IEBC reconstitution risk undermining Kenya’s democratic processes.

“The longer we delay, the more we disenfranchise our citizens, who deserve to be represented by duly elected leaders,” he concluded.

As Kenya moves closer to future electoral cycles, the expeditious reconstitution of the IEBC remains a pressing concern, with national leaders urging swift action to restore full electoral functionality.

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