Kenya’s Electoral Reforms: President Ruto Signs IEBC Amendment Bill

President William Ruto’s signing of the Independent Electoral and Boundaries Commission (IEBC) Amendment Bill, attended by his political rival Raila Odinga and Kalonzo Musyoka, marks a significant moment in Kenyan politics given their historically adversarial relationship. The bill, aimed at reconstituting the electoral commission, addresses long-standing issues within Kenya’s electoral system. It mandates the formation of a nine-member selection panel tasked with recruiting commissioners with proven expertise in ICT and accounting, expected to become operational by late October or early November 2024, ensuring a more structured and transparent recruitment process.

President Ruto assents to IEBC Bill

Reactions to the bill’s signing have been mixed, highlighting both support and skepticism. Raila Odinga emphasized the necessity of a unified electoral commission for credible future elections, viewing the bill’s focus on professional qualifications for commissioners as a positive step towards enhancing the commission’s efficiency. However, some public voices have expressed concerns about the implementation timeline and whether the changes will be sufficient to address entrenched electoral issues. This mix of reactions underscores the need for continuous monitoring and engagement from all stakeholders to ensure the new commission’s effectiveness.

The IEBC Amendment Bill represents a crucial step in Kenya’s electoral reforms, providing a framework for addressing systemic issues within the electoral commission. Ensuring the transparent and timely implementation of the new provisions is essential for maintaining public trust in the electoral process. Continuous public engagement and dialogue are necessary to build on this momentum, addressing underlying issues and ensuring a fair and credible environment for future elections. As Kenya moves forward, it is imperative that all stakeholders work together to support the new commission and uphold the integrity of the electoral system.

References:

Tuko Kenyans React as Raila Odinga Joins William Ruto during Signing of IEBC Amendment Bill: “Good Move”

The Star Raila, Kalonzo join Ruto as he assents to IEBC Bill

Nation Ruto assents to IEBC Bill, paves way for hiring of commissioners

Business Daily Stage set for fresh IEBC team as Ruto assents to Bill

The Africa Report Kenya to reconstitute electoral commission as Ruto signs IEBC bill into law







UNSC Declines Kenya Deferral Bid

The Pursuit by the ICC prosecutor, Luis Moreno Ocampo to prosecute the six suspects of the Kenya-Post-Election violence, following the disputed elections in 2007, has seen much unprecedented development. The decision by the Presidency of the International Criminal Court (ICC), authorizing the prosecutor to open investigations into the situation in Kenya, gave Ocampo the opportunity to present his evidence to the Pre-Trial Chamber II for scrutiny in an effort to enforce the issuance of summonses to the Ocampo Six, to appear before the court. On the contrary, the Kenyan President, Mwai Kibaki, appointed a seven-member  team, led by H.E Vice-President, Kalonzo Musyoka, to lobby the 15 United Nations Security Council (UNSC) members to accept Kenya’s bid for deferral of the International Criminal Court cases involving the Ocampo Six.

Diplomats at the UNSC reprobated the Kenyan bid saying Kenya chose a wrong option to seek the 12-month deferral at the UN, rather than presenting its plea directly to the ICC. This decision by the UNSC has nullified the shuttle diplomacy mission being implemented by Kalonzo Musyoka and the President Mwai Kibaki’s wing of government. The pedestal of the shuttle diplomacy is fixed on the idea that Kenya is now in a position of establishing a credible local-tribunal to try the PEV suspects. The proponents of this diplomatic mission argue that trials at the Hague will threaten Kenya’s national stability. However, Article 16, of the Rome Statute, establishing the ICC allows for deferral of cases for countries, in the event that the proceedings at the court threaten international peace. Thus, Kenya on Friday 18th March failed in its quest to overly convince the UNSC that such a threat exists.

Time is speedily running out for any disengaging maneuver upon prosecution of the Ocampo Six at the Hague, now that they have been issued with summonses to appear before the Judges at the ICC on 7th April, and in addition the UNSC decry on deferral of the cases. Kenya can still pursue the deferral option by setting up credible judicial systems that are capable of handling the cases as stipulated in Article 19 of the Rome Statute.

 

References:

www.nation.co.ke, Why Kenya failed to defer ICC cases at Security Council (22nd March 2011)

www.icc-cpi.int, Situations and Cases (22nd March 2011)

www.kbc.co.ke, UNSC declines Kenyan bid on ICC deferral (22nd March 2011)