MPs defy dialogue committee, make changes to electoral bill

A House committee has defied the decision of the National Dialogue Committee (NADCO) to have the Independent Electoral and Boundaries Commission (IEBC) amendment bill passed in its original form after it proposed various changes to it.

 The Justice and Legal Affairs Committee (JLAC) explained that despite the bill being a politically negotiated document, the committee is at liberty to propose necessary amendments to it.

In a report tabled in the National Assembly the committee chaired by Maara MP George Murugara further explained that its decision is also informed by the communication from speaker Moses Wetangula which directed it to ensure strict adherence to the due processes in the enactment of the legislation.

Among the changes it wants effected includes the term limit of the Chief Executive Officer, the period within which the audit of elections will be done as well as the process of boundaries delimitation.

Reads the bill: “The committee having considered the IEBC bill recommends that the house approves the bill with amendments”.

In the report the committee also took issue with the bill currently in second reading stage saying it only seeks to effect changes to the IEBC act to remedy issues identified by NADCO; it constitutes a piecemeal approach to the review of the act and other legislation relating to the elections.

The committee challenged parliament to consider a comprehensive review of the electoral laws to address political, operational and institutional challenges affecting the electoral process in a wholistic manner.

Reads the report: “At present, there is a likelihood that the legislative coherence of electoral laws shall be affected through the piecemeal amendments proposed in the bill.”

Committee proposal

With regards to the term of the CEO of IEBC, the committee proposed that the secretary should hold the said office for a single term of six years and will not be eligible for re-appointment.

The committee also moved to protect the current secretary of the commission as it proposed that he be allowed to serve for the remainder of their unexpired term.

This is contrary to the proposal in the bill as NADCO team had proposed to reduce the term limit of the secretary from current five years to three years but be eligible for one further term of three years.

The committee in its argument said that a reduction in the term of office of the secretary would jeopardise the performance of the functions of the office as any person appointed as secretary would require at least one to two years to be well conversant with the electoral process.

Reads the report: “In this regard, the committee noted that it may be necessary to increase the term of the secretary to a non-renewable term of six years to ensure that the secretary understands all that is expected in the performance of his or her functions and enhance their competence and independence in the role”.

On the audit of elections, the committee proposed that the period to consider the same be increased from the one year proposed by the NADCO team to one and a half years.