BBI allocated 70 constituencies is unconstitutional, says IEBC chairman Wafula Chebukati


IEBC Chairman Wafula Chebukati  photo

The IEBC calls unconstitutional the scheme in the BBI to allocate 70 additional constituencies to 28 counties.

IEBC Chairman Wafula Chebukati said that while BBI promoters are right to form the constituencies, they blundered in allotting the constituencies to specific counties.

He said sharing the constituencies to counties is the work of the commission as designated in Articles 84(4)(c) and 89 of the Constitution.

"It is for Parliament or through a referendum to create extra constituencies but allotting them is work of IEBC, " Chebukati said.

The chairman appeared on Wednesday before the joint Justice and Legal Affairs Committees of Parliament on the Constitution of Kenya (Amendment) Bill, 2020.

The Bill created additional 70 constituencies to push the number to 360.

The constituencies are scattered among 28 of the 47 counties.

Chebukati said that while his team appeared before the BBI taskforce, they only made submissions on how to control poll chaos.

There were no consultations by the BBI promoters on the additional constituencies.

Chebukati also backed the commission for the delays in starting the process of delimitation of the boundaries.

He said that while the commission was ready, there were obstacles to get funds from the Treasury and data from KNBS and they had already formed a boundary survey plan.

However, he said they have received some funds in the current financial year and is currently putting in place infrastructure in willingness for the boundary review.

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