The recent rapprochement between Kenya Kwanza and Azimio La Umoja and sentiments that issues regarding the selection of Independent Electoral and Boundaries Commission (IEBC) commissioners will be on the table are important and need to be taken seriously.
It is important that we bring these continuous fights, threats and reconstitution of our electoral management body to an end.
It compromises the entire constitutional idea of having a permanent and independent body. There is an even more urgent need for the country to take the possible dialogue more seriously. This has to do with boundary delimitation.
The reality is that the framework for review of the boundaries as currently structured in law will require both a rethink and political maturity. When the last review was undertaken in 2012, there were a lot of concerns raised and subsequent litigation.
In the end, the decision that was made resulted in 27 constituencies being protected and allowed to exist even though they did not meet the population quota defined by the Constitution. The protection is expected to end by the time the coming review is undertaken.
That review is due to be done latest March 2024, which is the 12-year outer limit required by Article 89 of the Constitution. By the time IEBC went to the last elections, not much had been done on this issue.
It is not possible for progress to be made until we have commissioners in place. Due to its political sensitivity and constitutional implications, the country needs sufficient time to be able to navigate through the process.
A look back into history will show how politically charged that process was. One can be sure that it will be even more difficult this time round.
I doubt that the residents of the protected constituencies and their political leaders are prepared to lose their constituencies. They expect these to be protected even this time around. In addition, there are calls for the creation of new constituencies.
Yet, the number of constituencies in Kenya remains 290. The reality is that it is not possible to meet both requirements. Boundaries of constituencies will have to change; protection will be difficult unless we desire to permanently ignore the desire for equality of the vote in the long run.
The options for finding a solution that appeases all Kenyans will require political objectivity that is invariably in short supply in the country.
It will also bring back the contested question whether we need to change the electoral system to a proportional representation one, or whether we need to increase the number of constituencies beyond the current 290.
In addition, the heated issue of one-man one vote and the additional concern of implications on revenue allocations will come to the fore.
If we do not deal with the IEBC selection well, we will set up the new commissioners for political castigations and lynching as soon as they are sworn in because the boundary delimitation process is a poisoned chalice. We owe it to the country to ensure that we provide a sound framework for election management in the future.
