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The new legislation outlines a comprehensive procedure for the appointment of the chairperson and members of the commission, ensuring a rigorous and transparent selection process.
Key Highlights of the Appointment Procedure:
Formation of the Selection Panel
According to the new law, the process of appointing the IEBC chairperson or commissioners should begins at least six months before the expiration of the term of the current chairperson or any member of the commission.
Alternatively, within fourteen days of the declaration of a vacancy, the president is mandated to appoint a selection panel consisting of seven individuals.
The selection panel will be composed of:
- Two persons nominated by the Parliamentary Service Commission.
- Three persons nominated by the Political Parties Liaison Committee.
- One person nominated by the Law Society of Kenya.
- One person nominated by the Institute of Certified Public Accountants of Kenya
- Two persons nominated by the Inter-religious Council of Kenya.
Qualifications for Selection Panel Members
To ensure the integrity and capability of the selection panel, all members must be Kenyan citizens, meet the leadership and integrity criteria outlined in Chapter Six of the Constitution, and hold a degree from a recognized university in Kenya.
Selection Panel Operations
Upon formation, the selection panel will elect its own chairperson and vice-chairperson from among its members and will establish its own procedures for operation.
The Parliamentary Service Commission will provide the necessary secretariat services and facilities to support the panel’s activities.
Oath of Office
Before commencing their duties, the chairperson and members of the selection panel are required to take an oath or affirmation of office.
Invitation for Applications and Public Interviews
Within seven days of its appointment, the selection panel will invite applications from qualified individuals.
The names and qualifications of all applicants will be published in the Gazette, in two newspapers with national circulation, and on the Parliamentary Service Commission’s website.
The panel will then consider the applications, shortlist candidates, and conduct public interviews.
Following this, they will select two candidates for the chairperson position and nine candidates for the member positions, forwarding these names to the president for nomination.
Presidential and Parliamentary Approval
The president will nominate one individual for the chairperson role and six individuals for member roles from the forwarded list.
These nominations will then be sent to the National Assembly for vetting and approval, in accordance with the Public Appointments (Parliamentary Approval) Act.
Ensuring Gender Equity and Regional Balance
In all stages of shortlisting, nominating, and appointing, the selection panel, the National Assembly, and the president must ensure that no more than two-thirds of the appointees are of the same gender, and that regional balance is maintained.
Dissolution of the Selection Panel
The selection panel will be dissolved once the appointments have been made.
Implications of the New Bill
This newly enacted IEBC Bill is poised to bring about significant improvements in the appointment process of the Commission’s leadership, aiming for greater transparency, inclusivity, and public trust in the electoral system.
By stipulating clear guidelines and ensuring diverse representation, the law seeks to fortify the integrity and functionality of the IEBC, a cornerstone of Kenya’s democratic governance.