Nyaribari Chache MP Zaheer Jhanda has proposed a significant change to Kenya's party-list nomination system. He suggests that political parties submit their final nominees after the General Election, rather than before it. This change would link party-list nominations more directly to the outcome of the election. Jhanda's proposal aims to reform the timing of party-list nominations for members of parliament, senators, and county assembly representatives. He believes this change would make the nomination process more closely connected to the actual electoral outcome.
Under Jhanda's proposal, political parties would participate in the General Election, and the number of special seats allocated to each party would be established based on the results. The parties would then submit nominees for the available positions in line with the constitution and electoral laws. This approach would allow Kenyans to vote first, and then parties would determine the individuals to occupy seats allocated through proportional representation. Jhanda argues that this process would retain constitutional safeguards, transparency, and fairness.
The current law requires political parties to submit party lists to the IEBC at least 45 days before the General Election. The lists are reviewed by the Independent Electoral and Boundaries Commission to determine whether they comply with constitutional and statutory requirements. These requirements include that nominees must be registered voters, belong to the political party submitting the list, and meet the relevant qualifications. Party lists must also comply with gender representation requirements and other constitutional provisions.
Article 90 of the constitution provides for party-list seats in the National Assembly, Senate, and county assemblies. Seats are allocated to political parties in proportion to the number of seats they win in the General Election. However, under the current system, the submitted lists are used after the election to determine which individuals take up special seats allocated to qualifying political parties. The IEBC designates representatives from qualifying lists within 30 days after the declaration of election results, based on proportional representation.
Jhanda's proposal would change the timing of the process, moving the preparation and submission of final party lists to after voters have cast their ballots and the number of available special seats for each party has been established. He believes this is an important issue that deserves serious public and legislative debate. The proposed change aims to make the nomination process more closely connected to the actual electoral outcome.
The proposal has been made ahead of the 2027 election, and it is unclear whether it will be implemented. However, Jhanda's suggestion has sparked a conversation about the party-list nomination system in Kenya. The current system has been in place for some time, and some argue that it is in need of reform. Jhanda's proposal is one potential solution to the challenges facing the current system.
The implementation of Jhanda's proposal would require changes to the Elections Act and the constitution. It is unclear whether there is sufficient support for such changes to occur. However, the debate around party-list nominations is likely to continue in the lead-up to the 2027 election. The outcome of this debate could have significant implications for the way that Kenya's elections are conducted.
Key points
- Zaheer Jhanda proposes changing party-list nominations to occur after General Elections.
