The Independent Electoral and Boundaries Commission (IEBC) boss Wafula Chebukati has termed as unconstitutional the proposal in the BBI Bill seeking to create 70 new constituencies.

Speaking on Wednesday while appearing before the joint Justice and Legal Affairs Committee of Parliament on the Constitution of Kenya (Amendment) Bill, 2020, Chebukati said the decision to add more constituencies is okay, but allocation can only be done by IEBC.

According to Chebukati, the Constitution stipulates that the work of distributing constituencies is reserved to the electoral commission.

The IEBC boss further noted that at no time was he or the commission consulted on the allocation of the 70 new constituencies, therefore making the process unconstitutional.


"It is in order for Parliament or through a referendum to create additional constituencies but the work of allocating them is work of IEBC," Chebukati said.

The BBI Bill proposes the creation of 70 new constituencies to be spread across 28 counties bringing the total number of constituencies to 360.

According to BBI proponents, the move is aimed at ensuring adequate representation since some constituencies are too big, and as such, the residents do not benefit fully from resources like the CDF fund.

In the BBI Bill, Kiambu County has been allocated six new constituencies, Nakuru 5, Kilifi 4, while Uasin Gishu, Narok, Kajiado, Mombasa, Kwale and Bungoma counties will get three each.

Meru, Bomet, Kakamega and Kisumu are proposed to get two new constituencies each, while Mandera, Embu, Makueni, Kirinyaga, Murang'a, Turkana, West Pokot, Nandi, Laikipia, Siaya and Nyamira have been allocated one each.