MPs disagree over polls team report on borders review

The creation of 80 new constituencies appears to be headed for deadlock after MPs differed on whether the House has constitutional powers to alter the proposals by the Independent Electoral and Boundaries Commission (IEBC). 
Gem MP Jakoyo Midiwo claimed after the IEBC report was tabled that the Justice and Legal Affairs Committee had no mandate to alter the boundaries as proposed by the commission.
The Justice and Legal Affairs Committee acting chairman, Mr Njoroge Baiya, last evening tabled its report on the revised boundaries by IEBC in Parliament setting the stage for a bruising showdown by MPs.
Speaker Kenneth Marende asked the House Business Committee to prioritise the debate to beat the seven-day deadline for approval of the report.
Mr Midiwo raised the red flag early Wednesday when he sought direction from deputy Speaker Farah Maalim over claims that the committee had gone ahead to change the IEBC report.
“The Constitution, under sections 88(3) c) and 89 (2) stipulates that delimitation is a function of the boundaries commission. Where has the committee derived power to change the report?” he asked.
The MP said that he had received about 20 calls from collegues who are angered by reports that the committee, whose role should just be to look at the IEBC report and table it for either rejection or adoption by the House, is altering the boundaries.
Key recommendation of the report is to increase wards by 60 from 1,450 to 1,510.
“What would be the role of IEBC? Will its power be delegated to the parliamentary committee or this House?” he asked Mr Maalim.
Energy Assistant minister Mohammed Mohamud and Gwasi MP John Mbadi supported the Mr Midiwo and said that the House committee did not have powers to rework the electoral commission’s report.
But Chepalungu MP Isaac Rutto said that the Gem Member was going against rules that bar anticipation of debate on a matter not before the floor of the House.
Mandera Central MP Abdikadir Mohammed, who chairs the Constitution Implementation Oversight Committee, disabused the fears expressed by Mr Midiwo saying MPs were constitutionally mandated to participate in the review of the electoral units.
“This House has power under Article 82 of the Constitution, which says that Parliament shall enact legislation on delimitation of boundaries by IEBC,” he said.
The Speaker promised to rule on the mater on Thursday afternoon.

He said under IEBC Act, the IEBC is supposed to hand its report to the Justice Committee for two weeks and which the committee will table its report to parliament for deliberation within seven days before the same is returned to IEBC.
“Commissions are not a vacuum.

They are state organs. They are appointed through a legal process. Every state organ is subject to oversight of this House,” he noted.
He observed that IEBC has no mandate under the first review of the boundaries.

“Midiwo supported IIBRC report for political purpose; he is now opposing IEBC for political reasons,” said Abdikadir.

Mr Abdikadir said IEBC will have to take into account the recommendations of the committee if passed by parliament in revising and publishing the final report that the commission will gazette.

emutai@ke.nationmedia.com