Crisis as 24 constituencies risk disbandment over population quota

With the timelines prescribed by the Constitution for a review of boundaries nearing a lapse, the country stares at a Constitutional crisis, compounded further by the lack of a properly functional electoral body.

The targeted constituencies are Othaya, Ndaragwa, Budalang’i, Vihiga, Voi, Wundanyi, Mwatate, Galole, Bura, Isiolo South, Samburu East, Laisamis, North Horr, Saku, Kilome, Mukurweini, Mbeere North and Mathioya.

Others are Kangema, Marakwet East, Keiyo North, Tetu, Mogotio, Lamu East, Lamu West and Mvita.

With the recruitment of Commissioners dependent on the implementation of the National Dialogue Committee Report – a political process – with the Elections (Amendment) Bill, 2023 before Parliament, this could delay the appointment of Commissioners and additionally lead to a Constitutional crisis.

The Constitution requires the polls agency to review names and boundaries of electoral areas at intervals of not less than eight years and not more than 12 years.

The review is necessitated by the periodic population growth and is aimed at ensuring equitable distribution of resources ranging from development funds allocated through the Constituencies Development Fund Kitties.

The Constitution of Kenya (Amendment Bill) 2023, one of the nine Bills jointly sponsored by Kimani Iching’wah and Opiyo Wandayi seeks to amend the law to ensure that the constituencies are protected for another minimum of 8 and a maximum of 12 years, allowing them to gradually grow their population to meet the threshold.

The Constitution only safeguarded the 26 constituencies from the initial review, which took place in March 2012. With the second review due in 2024, 12 years after the first, it is crucial to ensure that the constituencies are not merged with others.

Regarding the issue, the National Dialogue Committee in its report said: “Where there are justifiable reasons for the extension of the period for review then Parliament may extend the period provided under the Constitution by a resolution passed by the National Assembly, with the support of a majority of all the Members of the Assembly; and the Senate, with the support of a majority of all the County delegations.”

In February, High Court Judge Mugure Thande ruled that the recruitment of IEBC Commissioners should proceed forthwith, directing the Nelson Makanda-led team to recruit new commissioners including the Chair.

The Judge observed that the political process, NADCO does not override the Constitution.