The Independent Electoral and Boundaries Commission (IEBC) has unveiled its own version of Building Bridges Initiative that best fits its operation.
In a report to Parliament, IEBC wants the number of commissioners reduced to five, including the chairperson as opposed to the current seven.
“This will help increase the commission’s efficiency and effectiveness as well as reduce the potential for factionalism within,” the report titled ‘Electoral Law Reform in Kenya: The IEBC Experience’ reads.
IEBC further wants the appointment of commissioners staggered “for continuity, institutional memory and succession.”
A member other than the chairperson should be an advocate of the High Court, an ICT expert and and a human resources practitioner.
The IEBC is opposed to the BBI proposal to allow political parties to nominate commissioners, saying it would be a drawback on the agency’s independence.
“Political parties’ interests are sufficiently catered for in the vetting process since the selected commissioners are approved by the National Assembly,” the report reads.
BAN OF ALCOHOL AND OTHER RAFT MEASURES
The commission further wants a provision for parties to substitute deputy presidential candidates before and after nomination.
It also seeks laws providing that those joining the commission renounce their dual citizenship prior to their nomination.
The Wafula Chebukati-led team wants general elections staggered for national and county polls to be held on different dates.
To Tame Violence
To tame poll violence, the commission wants the sale of alcohol banned 48 hours to the election date.
n the problematic vote results transmission, IEBC proposes that the law should provide that they shall be transmitted electronically by scanning Form 34A.
“In case of failure of technology, Form 34A shall be physically delivered to the national tallying centre and verified against the physical Form 34A,” IEBC told MPs.
It also wants the law amended to provide that Form 34B has no place at the national tallying centre with reference to presidential elections.
The polls team also seeks a complementary mechanism of identification of voters in instances where the electronic identification devices fail and cannot be replaced.
In the face of the current quorum hitch at the commission, the agency proposes that that quorum be a simple majority of commissioners present.
To end the fights between the commissioners and secretariat, the Chebukati-led team proposes to Parliament that roles of commissioners be separated from those of chief executive officer.
IEBC wants a chief operating officer appointed to be the accounting officer of the commission.
The commission says it has the answer to the question of how candidates with questionable credentials make it to the ballot.
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In this effort, it wants to be the enforcement agency with respect to integrity issues in election matters.
The commission further seeks to be the agency mandated with administration of self-declaration forms for election purposes and a law change to provide for grounds for recall of MPs.
“This would assist in the vetting process of candidates for elective political positions to ensure compliance with the Leadership and Integrity Act,” IEBC said.
The law should obligate state agencies which host data which can be used to verify candidates’ suitability to share such information with IEBC.
IEBC wants EACC data on integrity, Judiciary data on convictions, Health ministry data on insanity, Official Receiver on bankruptcy, Commission of University Education on academic credentials, and Immigration data on citizenship.
“All prospective candidates secure clearance from the respective agencies before presenting their names for electoral registration,” the commission report reads.
On this, the commission asks for synchronisation of the databases for the voter register, the civil register as well as the register of births and deaths.
“Not only will this save on costs for data collection but also assure the accuracy of the register.”
IEBC also wants laws changed to prohibit prospective candidates from vying in electoral areas other than those in which they are registered as voters.
The commission proposes that the IEBC Fund should be put to work to ward off influence from the Executive and other electoral actors.
The Political Parties Act should be changed to develop standard party nomination rules to avoid inconsistencies.
It also wants the law changed to remove the requirement for independent candidates to submit symbols and only require their photographs.
IEBC also proposes that all candidates submit a certificate from the parties’ registrar confirming membership of the nominating political party.
It also wants leeway to receive party membership lists and nomination rules from the registrar to ensure consistency and authenticity.
The polls’ agency says political parties should be compelled to conduct primaries using their membership registers.
Chebukati’s team wants the IEBC’s powers enhanced for it to sanction misuse of state resources.
It also wants powers to investigate and prosecute breaches to the Electoral Code of Conduct.
