NAIROBI, Kenya – A fresh power tussle has erupted in Parliament after senators were sidelined from the upcoming vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC), with lawmakers in the Upper House demanding inclusion in what they describe as a matter of national interest.
In a heated plenary session, senators accused the National Assembly of deliberately excluding them from the vetting process for IEBC chairperson nominee Erastus Ethekon and six other commissioners — a move they argue undermines the bicameral structure of Parliament and constitutional principles of accountability.
The vetting, slated to begin on May 27, will be conducted solely by the National Assembly’s Justice and Legal Affairs Committee.
Senators, however, insist that the process should be handled by a joint committee, citing precedence in appointments to high-ranking public offices such as the Inspector General of Police and the Central Bank Governor.
“This is a process that should be undertaken jointly by both Houses, as has been the practice in the past,” said Hillary Sigei, chairperson of the Senate’s Justice and Legal Affairs Committee.
The row is the latest in a long-running supremacy battle between the two Houses over legislative authority and oversight roles — one that has repeatedly played out in the corridors of Parliament since the Senate’s establishment in 2013.
At the heart of the dispute is the interpretation of Article 250(2) of the Constitution and the IEBC Act, both of which assign the vetting of constitutional commission nominees to the National Assembly.
Senators, however, argue that this language was inserted during the transition to a bicameral Parliament and should have been updated once the Senate was operational.
“The amendment that replaced the word ‘Parliament’ with ‘National Assembly’ was only meant for the transitional phase,” Sigei told fellow lawmakers. “Since then, the National Assembly has consistently frustrated efforts to restore the original constitutional intent.”
A Bill to amend the IEBC Act and reinstate the term “Parliament” has reportedly stalled in the National Assembly, further inflaming tensions between the two Houses.
Senators also pointed to past joint vetting exercises, arguing that consistency in procedure strengthens transparency and enhances the legitimacy of independent commissions such as the IEBC.
“Even when you read Article 88 on the establishment of the IEBC, there is no justification for the National Assembly to vet the commissioners alone,” said Nandi Senator Samson Cherargei.
The IEBC, which plays a pivotal role in overseeing elections, has operated without a fully constituted commission since 2022.
The reconstitution process — delayed by legal challenges and political divisions — is expected to restore confidence in the country’s electoral infrastructure ahead of the 2027 general elections.
While the National Assembly maintains that it is acting within the law, the Senate’s protests signal a potential legislative impasse that could cast a shadow over the appointments.
Senators have vowed not to back down, warning that any attempt to bypass the Senate in reconstituting the IEBC would not go unchallenged.
