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By Mzalendo Contributor - Moreen Majiwa (@mmajiwa)
On Monday this week the country’s new independent electoral and boundaries commission selection 7 member panel was sworn in. In case you missed it the panel is made up of Ekuru Aukot (Chairman), Prof. Marion Mutugi (Vice Chair) Justice Isaac Lenaola, Mwanyengela Ngali, Ms. Rosa Buyu, Ms. Irene Keino and Ms Sophie Moturi.
So what next? According to the Independent Electoral Boundaries Commission Act 2011 advert inviting qualified Kenyans to apply for the positions, and publishing of the names of the all the applicants within the next seven days. The selection panel will then consider the applications, shortlist and interview the selected applicants. The Selection Panel will select three persons for the position of chairperson, and thirteen for positions as commissioners. The panel will then forward the names to the President and Prime Minister, who will then consult, and nominate one of the persons as the chairperson, and eight as a members of the commission. The President will then forward his list of nominees to the National Assembly for vetting and approval.
A parliamentary committee will within 14 days of receiving the names consider the nominees and make recommendations to Parliament with regard to the nominees. The National Assembly will within 14 days of its next seating consider the nominations and make a decision on whether to reject or approve the nominees. If the nominees are approved within seven days of the approval the Speaker will forward the names to the President for appointment. If the any of the nominees is rejected the Speaker will inform the President, who will within 14 days of the rejection, submit a new nominee from the panels list to the national assembly. If any of the subsequent nominees are rejected by parliament, the selection panel can put forward a name from among the shortlisted candidates.
In theory the process is pretty clear and straightforward, and should be carried out expeditiously. However in reality it’s likely the establishment of the Independent Electoral and Boundaries Commission (IEBC) will be filled with the usual political skulduggery. Constituting the Selection Panel so late in the day, represents the first hurdle in the panels work, and means constitutional deadline for the establishment of the IEBC (one year after the constitution’s promulgation (see sixth schedule, section 29 (1) of the new constitution) is unlikely to be met but who knows…in any event we’ll be watching.
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