NAIROBI —A row is brewing in Parliament over who should vet Kenya’s top election officials, with lawmakers calling for both the Senate and National Assembly to have a say in the process.
At the centre of the debate is the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), a critical institution in a country where elections are often fiercely contested.
Currently, the law assigns the National Assembly the responsibility of vetting nominees for IEBC chairperson and commissioners. But several MPs now argue that such a crucial national role should not be left to one chamber alone.
“Elections are a matter of national importance. You can’t have one House making such a big decision on behalf of 50 million Kenyans,” said a senior legislator who spoke during a parliamentary sitting on Monday.
Push for Inclusivity
The proposal to involve the Senate has gained momentum among both ruling party and opposition members, who say it would strengthen public confidence in the electoral process.
Teso South MP Mary Emase was among those advocating for a broader approach. “The Senate represents counties. Leaving them out of the IEBC vetting process is not just unfair it’s short-sighted,” she said.
Proponents argue that involving both chambers would ensure a more thorough and representative screening of candidates. They say it would also shield the process from political bias and increase transparency ahead of the next general election.
“It’s not just about checks and balances,” said another MP. “It’s about building legitimacy. If people trust the process, they’re more likely to trust the outcome.”
Legal Grey Area
Under current legislation, the National Assembly’s Justice and Legal Affairs Committee vets IEBC nominees before forwarding their names for approval. The Senate plays no formal role.
Some legal experts have argued that this structure limits oversight. They point to Article 118 of the Constitution, which calls for public participation in all matters of national interest—a clause they believe supports broader involvement in IEBC appointments.
“There’s nothing in law that bars the Senate from participating,” said constitutional lawyer Steve Ogolla in a phone interview. “It’s more a question of political will than legality.”
Resistance from Some Quarters
Not everyone is on board. Some MPs worry that involving both Houses could delay the process, especially with the 2025 general election cycle looming.
“We’re already behind schedule in reconstituting the IEBC,” said a member of the Justice and Legal Affairs Committee. “Adding another layer might slow things down when we need speed.”
Still, public pressure is building for a more open and inclusive process. Civil society groups have also weighed in, urging Parliament to ensure the process does not become a political bargaining tool.
A History of Disputes
Kenya’s electoral body has often found itself in the crosshairs of political battles. Disputed elections, especially in 2007 and 2017, have led to widespread unrest, making the credibility of the IEBC a matter of national concern.
The Commission has been operating without a full panel since the exit of former chair Wafula Chebukati and two commissioners early last year. Their replacements are yet to be confirmed, raising anxiety ahead of upcoming by-elections and the next general vote.
With trust in institutions at stake, the call for bipartisan oversight may resonate beyond the walls of Parliament.
“This isn’t about party lines,” Emase said. “It’s about our democracy. Everyone deserves a vote that counts—and an election body they can trust.”
