[kictanet] Should We Reserve a Slot for an ICT Professional Within the IEBC Commission??

Barrack Otieno barrack at kictanet.or.ke
Sat Sep 10 15:56:01 EAT 2022


If I got the Chief Justice right. She talked of Corporate Governance issues
at IEBC. Maybe this is where the focus should be.

Regards



On Sat, 10 Sept 2022, 10:29 am Benson Muite via KICTANet, <
kictanet at lists.kictanet.or.ke> wrote:

> Currently the selection panel consists of:
>  > (a) two men and two women nominated by the Parliamentary Service
>  > Commission;
>  > (b) one person nominated by the Law Society of Kenya; and
>  > (c) two persons nominated by the Inter-religious Council of Kenya.
>
> The IEBC mandate[0] is:
>
>      The continuous registration of voters and revision of the voter'roll;
>      The delimitation of constituencies and wards;
>      The regulation of political parties process;
>      The settlement of electoral disputes;
>      The registration of candidates for elections;
>      Voter education;
>      The facilitation of the observation, monitoring and evaluation of
> elections;
>      The regulation of money spent by a candidate or party in respect of
> any election;
>      The development of a code of conduct for candidates and parties;
>      The monitoring of compliance with legislation on nomination of
> candidates by parties.
>
> In addition to the Institution of Engineers of Kenya[1] (technical
> aspects of elections), some other relevant bodies are :
> - The Institution of Surveyors of Kenya[2] (delimitation of
> constituencies and wards)
> - The Teachers Service Commission[3] (voter education)
> - Media Council of Kenya[4] (voter education, monitoring)
>
> The performance of the IEBC in technical, education and public
> information has been substandard.  The current selection process does
> guarantee inclusion of representatives that can evaluate the
> effectiveness of the commission in all areas relevant to its mandate.
>
> As such the act could be amended to have a selection panel composed of:
> (a) two persons nominated by the Parliamentary Service Commission;
> (b) one person nominated by the Law Society of Kenya;
> (c) two persons nominated by the Inter-religious Council of Kenya;
> (d) one person nominated by the Institution of Engineers of Kenya;
> (e) one person nominated by the Institution of Surveyors of Kenya;
> (f) one person nominated by the Teachers Service Commission; and
> (g) one person nominated by the Media Council of Kenya.
>
> This would increase the members of the selection panel by two people to
> 9, and have an associated increase in costs, but a more effective IEBC
> would also be more cost efficient.  The number of commissioners would
> also remain the same, and the selection panel members do not do this as
> a full time position.  Amendments can be done as private bill sponsored
> by a single member of the national assembly (as was the case for the ICT
> Practitioners bill). A petition[5] is another way to have the matter
> considered. Of course, there maybe better ways to achieve the intended
> outcome of a more effective IEBC. A thought provoking article. Thank you
> John Walubengo and other listers for your comments.
>
> 0) https://www.iebc.or.ke/iebc/?mandate
> 1) https://iekenya.org
> 2) https://isk.or.ke/
> 3) https://www.tsc.go.ke/
> 4) https://mediacouncil.or.ke
> 5) http://parliament.go.ke/the-senate/how-submit-petition
>
> On 9/8/22 12:17, Benson Muite via KICTANet wrote:
> > Amendments to the IEBC act[0] are possible, see for example[1].
> >
> >
> > A constitutional amendment is not needed as the constitution does not go
> > into details on who can be a commissioner[2]. The IEBC act Revision
> > 2012[3], specifies:
> > 1. Selection Panel
> > (1) Within fourteen days of the commencement of this Act, the President
> > shall, in consultation with the Prime Minister and with the approval of
> > the National
> > Assembly, appoint a Selection Panel comprising of—
> > (a) two persons, being one man and one woman, nominated by the
> > President;
> > (b) two persons, being one man and one woman, nominated by the
> > Prime Minister;
> > (c) one person nominated by the Judicial Service Commission;
> > (d) one person nominated by the Kenya Anti-Corruption Advisory
> > Board; and
> > (e) one person nominated by the Association of Professional Societies
> > of East Africa
> >
> > The current act Revision 2020[1] specifies:
> > 1. Selection Panel
> > (1) At least six months before the lapse of the term of the chairperson
> or
> > member of the Commission or within fourteen days of the declaration of a
> > vacancy
> > in the office of the chairperson or member of the Commission under the
> > Constitution
> > or this Act, the President shall appoint a selection panel consisting of
> > seven
> > persons for the purposes of appointment of the chairperson or member of
> the
> > Commission.
> > (2) The selection panel shall consist of —
> > (a) two men and two women nominated by the Parliamentary Service
> > Commission;
> > (b) one person nominated by the Law Society of Kenya; and
> > (c) two persons nominated by the Inter-religious Council of Kenya.
> >
> > It seems that professional bodies have been preferred.  At present the
> > ICT sector does not have a strong representative body, for example
> > comparable to the ACM in the USA or the Institute of Electronics of the
> > Chinese Academy of Sciences. Essentially, a body capable of joining the
> > International Federation for Information Processing[3] is needed.
> >
> > The Kenya National Academy of Sciences[4] may also play a good role,
> > though at present the website appears to be down.
> >
> > The IEBC act does not include commissioners with a technical background,
> > who might be able to understand engineering of KIEMS kits, the details
> > of biometric identification and results transmission. In addition to a
> > computer science/IT professional, it would be good for an Engineering
> > body such as The Institution of Engineers of Kenya[5] to also make a
> > nomination.  Delimitation of boundaries is an important part of the
> > requirements of the IEBC, technical expertise in this area is also
> > welcome to prevent gerrymandering.
> >
> >
> > 0) https://www.iebc.or.ke/uploads/resources/8Z5fmROhVD.pdf
> > 1)
> >
> http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheIndependentElectoralandBoundariesCommission_Amendment_Act_2020.pdf
> >
> > 2)
> >
> http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/IndependentElectoralandBoundariesCommissionNo9of2011.pdf
> >
> > 3)
> >
> http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010#KE/CON/Const2010/chap_15
> >
> > 4) http://www.ifip.org/
> > 5) https://www.knascience.or.ke/
> > 6) https://iekenya.org
> >
> > On 9/1/22 15:42, Shitemi Khamadi via KICTANet wrote:
> >> Hi David
> >>
> >> Interesting question. I was pondering the same early this week and my
> >> answer is yes. The issue would be the process of getting there and I
> >> think we have a number.
> >>
> >> The best would be if it's anchored in the constitution. Meaning that
> >> should there be any process to amend the IEBC section, then the sector
> >> should consider adding their voice to it. The second is to Parliament
> >> and the select committee that oversees this process. A memo to them,
> >> quite early in their process should suffice. The same can also be sent
> >> to the President. The last is to encourage colleagues to put their
> >> names out there when the time comes.
> >>
> >> A representative process closer to the IPPG one could also work, if
> >> such an opportunity arises or legal revisions lend themselves to it.
> >>
> >> Thank you
> >>
> >> On Thu, Sep 1, 2022 at 3:23 PM David Indeje via KICTANet
> >> <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>>
> >> wrote:
> >>
> >>     image.png
> >>     Dear Listers,
> >>
> >>     In our latest series of blogs about the 2022 Kenya Election as
> >>     authored by Mr John Walubengo, we are posing a question:
> >>
> >>     "IEBC Commission: Should We Reserve a Slot for an ICT Professional?
> >>
> >>     Mr Walubengo notes that "In all the past three presidential
> >>     petitions (2013, 2017a, and 2017b), ICT seems to have been central
> >>     to the Supreme Court’s final decision. However, the way ICT matters
> >>     were prosecuted, one could almost say the ICT was on trial."
> >>
> >>     Read the rest of the article here: https://tinyurl.com/3sh2h4vt
> >>     <https://tinyurl.com/3sh2h4vt>
> >>
> >>
> >>     --
> >>     *Kind Regards,*
> >>
> >>     **
> >>
> >>     *David Indeje*
> >>
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> KICTANet is a multi-stakeholder Think Tank for people and institutions
> interested and involved in ICT policy and regulation. KICTANet is a
> catalyst for reform in the Information and Communication Technology sector.
> Its work is guided by four pillars of Policy Advocacy, Capacity Building,
> Research, and Stakeholder Engagement.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
> KICTANet - The Power of Communities, is Kenya's premier ICT policy
> engagement platform.
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