Senators and members of the National Assembly are set for a major clash over the vetting of the Independent Electoral and Boundaries Commission (IEBC) nominees ahead of next week’s approval hearing.
Senators took issue with their exclusion, leaving MPs to carry out the task.
The Senate is demanding that the National Assembly withdraw a public notice inviting Kenyans to submit memoranda on the nominees, terming it illegitimate without its participation.
Senators said the reconstitution of the IEBC is a matter of national significance and must, therefore, involve both Houses of Parliament, a move that could reignite their long-standing supremacy battles.
The National Assembly’s Departmental Committee on Justice and Legal Affairs is expected to begin the approval hearing of the IEBC chairperson nominee, Erastus Ethekon, and six other hopefuls on May 27.
The Senators want the process to be undertaken jointly by both Houses, as has been the practice with the approval of nominations to key State offices.
Senate Justice and Legal Affairs Committee Chairperson Hillary Sigei cited a precedent where, in previous vetting exercises—including for State officers like the Inspector-General of Police, Central Bank Governor, and members of the Commission on Revenue Allocation—both Houses participated through joint committees.
Article 250(2) of the Constitution and the IEBC Act state that IEBC nominees are to be vetted by the National Assembly.
The provision states that the National Assembly shall, upon receipt of the names of the nominees, consider them and approve one of the nominees or reject both of the nominees.
However, Mr Sigei argued that the provision was amended in 2012, before the Senate was formally constituted, and only intended to apply to the first General Election following the promulgation of the Constitution in 2010.
“In our considered view, this is a process that should be undertaken jointly by both Houses, as has been the practice with the approval of nominations to key State offices,” said Mr Sigei.
“This amendment, which replaced the word ‘Parliament’ with ‘National Assembly,’ was meant to apply only to the transitional phase. Since then, the National Assembly has consistently frustrated our efforts to restore the term ‘Parliament’ in the law.”
The Bomet Senator said a proposed amendment by the Senate to reintroduce the term is still pending at the National Assembly.
“Indeed, this is one of the Bills that the National Assembly has kept on its shelves far longer than is acceptable. Let me state categorically that, as a committee and as a House, we will not back down on this provision,” he said.
Busia Senator Okiya Omtatah echoed Mr Sigei’s sentiments, arguing that although Article 250(2) may appear to sideline the Senate, the Constitution must be read holistically.
He observed that the Constitution is clear that matters of devolution require the Senate’s involvement.
“IEBC commissioners preside over the election of senators, governors, and MCAs—offices central to county governments and devolved structures,” said Mr Omtatah.
Apart from Mr Ethekon, President William Ruto named Registrar of Political Parties Ann Nderitu, Moses Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Aduol and Fahima Araphat Abdallah as commissioners.
He later submitted the names to the National Assembly for consideration and approval by Parliament.
