Interim Independent Boundaries Review Commission of Kenya
Encyclopedia
The Interim Independent Boundaries Review Commission of Kenya or IIBRC was setup by an Act of Parliament on May 12, 2009. They were charged with the mandate to review the existing constituency boundaries to reflect geographical size and population.
Commissioners
The commission expected to complete its task of defining boundaries by January, 2011.. The new constitution promulgated on August 27, 2010 however cut short their term to November 27, 2010. The Independent Electoral and Boundaries Commission(IEBC) Bill approved by parliament on May 31, 2011 was assented to an Act on July 5, 2011 by President Kibaki. Once the new commissioners are nominated and approved, this body will take over the roles and responsibilities of the current IIEC and the defunct IIBRC.
The injunction by the High Court caused a major division politically and has led to the current impasse on implementing the new constitution. On November 25, 2010, a group of MP's threatened that they would not approve the Commission on Implementation of the Constitution and Revenue Allocation Commission if the Ligale report was not gazetted. The same evening, 169 MPs voted to adjourn the motion that could have confirmed the members of the Commission on Implementation of the Constitution.
Commissioners
- Andrew Ligale - Chairman
- Jedida Ntoyai
- Irene Cherop Masit
- Mwenda Makathimo
- Joseph Kaguthi
- Dr John Nkinyangi
- Murshid Abdalla
- Eng. Abdulahi Sharawe
- Rozaah Buyu.
The commission expected to complete its task of defining boundaries by January, 2011.. The new constitution promulgated on August 27, 2010 however cut short their term to November 27, 2010. The Independent Electoral and Boundaries Commission(IEBC) Bill approved by parliament on May 31, 2011 was assented to an Act on July 5, 2011 by President Kibaki. Once the new commissioners are nominated and approved, this body will take over the roles and responsibilities of the current IIEC and the defunct IIBRC.
Boundaries Controversy, 2010
They were unsuccessful in publishing a list of 290 constituencies they had generated in the Kenya Gazette after a court injunction blocking them was granted by Lady Justice Jeanne Gacheche of the High Court of Kenya. An attempt by the IIBRC team to squash the ruling by Lady Justice Jeanne Gacheche was struck down again by Justice Daniel Musinga when he upheld the previous ruling. He reiterated that the Ligale commission had acted outside of the provisions of the 6th schedule of the new constitution. The court stated that on a reading Article 89(9) and Section 27(1)(b), the IIBRC was required to determine the “names and details of the boundaries of the constituencies and wards” and then publish them in the Gazette. He cited that without clear borders, voter statistics could not be determined.He however ruled that the Chairman Andrew Ligale's holding of the office was constitutional. The new constitution stipulates that a person who held a political office in the last 5 years is ineligible to serve on such a commission such as the IIBRC.The injunction by the High Court caused a major division politically and has led to the current impasse on implementing the new constitution. On November 25, 2010, a group of MP's threatened that they would not approve the Commission on Implementation of the Constitution and Revenue Allocation Commission if the Ligale report was not gazetted. The same evening, 169 MPs voted to adjourn the motion that could have confirmed the members of the Commission on Implementation of the Constitution.
See also
- Constitution of KenyaConstitution of KenyaThe 1963 Constitution of Kenya was drawn up at independence. This constitution, heavily indebted to English law, had already been amended more than 30 times by 2010, but was widely agreed to require a major overhaul...
- Harmonized Draft Constitution of Kenya, 2009
- 10th Kenyan Parliament10th Kenyan ParliamentThe 10th Parliament of the National Assembly of the Republic of Kenya was opened on January 15, 2008, with the Orange Democratic Movement of Raila Odinga in the majority. Raila was a candidate in the 2007 presidential elections, which resulted in a controversial victory for Mwai Kibaki of the PNU...
- Interim Independent Electoral Commission of KenyaInterim Independent Electoral Commission of KenyaThe Interim Independent Electoral Commission of Kenya was set up on May 7, 2009. The commission was set up to replace the previously disbanded Electoral Commission of Kenya that was widely blamed for the election violence after the Kenyan general election, 2007...