Debate over fate of electoral agency (IEBC) bosses gathers steam

MPs’ talks on electoral reforms gathered momentum yesterday even as Jubilee leaders appeared to ‘abandon’ the electoral commissioners.

The Opposition has in the past claimed that the electoral commissioners were doing the bidding of the ruling coalition and hence enjoyed their backing. 

But Jubilee leaders pointed out that the Issack Hassan-led team was picked under the grand coalition government headed by President Mwai Kibaki and Prime Minister Raila Odinga.

And Deputy President William Ruto gave the Government’s backing to the parliamentary initiative to break the stalemate over commissioners of the Independent Electoral and Boundaries Commission (IEBC).

Majority Leader in the National Assembly Aden Duale said Raila played a role in the appointment of the electoral commissioners he now wants removed.

“The current IEBC commissioners were appointed by Raila and Kibaki under the grand coalition government. They are now turning against their own commissioners,” said Duale.

“However, if there are grounds for their removal, and there is a petition, I’m ready to go even to my own coalition and support their removal,” he added.

The Majority Leader, however, said the structures in the Constitution must be respected. The same message was echoed by Ruto, who said they are ready to engage the Opposition in talks to resolve any issue ahead of next year’s General Election - including the status of IEBC-but within the Constitution.

He said MPs should spearhead the talks that include incorporating views from religious leaders, civil society, professionals and any other Kenyan.

“We have MPs who can sit and resolve this issue through constitutional means. Parliament should provide the forum for Kenyans to speak their mind,” the DP said yesterday in Kiambu during the funeral service for Lucia Mungai.

“We are ready and willing to engage in talks. We want a coherent, logical and legal way to resolve any issue,” Ruto said, adding that the Opposition is using protests to coerce the Government.

recruitment process

The DP spoke as talks by an MPs’ team to review the procedure of picking IEBC commissioners intensified. Coalition for Reforms and Democracy (CORD) will have a say in the recruitment process of new IEBC commissioners under new proposals being fronted in Parliament and supported by members of the Opposition coalition

Under the consensus proposals before the Justice and Legal Affairs committee, the Opposition will split the role with the ruling Jubilee coalition, with each nominating two commissioners, and the chairperson to be appointed in a yet to be agreed on process.

The committee has agreed on the need to reduce the number of IEBC commissioners from seven to five, in one of the major reforms to the electoral body ahead of the 2017 elections.

These are some of the proposals that the committee has been discussing and which Opposition MPs in the committee say will pave the way for the exit of current IEBC commissioners from office.

“We are engaged in the process of sorting out the mess at the IEBC. What we are looking at are ways of recruiting new commissioners in case of vacancy at the IEBC. Currently, the law is not clear on what happens once there is a vacancy in the commission,” said David Ochieng (Ugenya), a member of the committee.

Agostinho Neto (Ndhiwa) also said the committee already has a framework on the changes that need to be in place before the next elections.

“There is no doubt that the IEBC commissioners have to go. We are just setting the stage for the appointment of new commissioners when that time comes,” he said.

The current law on the recruitment of new commissioners was enacted under the grand coalition government Raila and Kibaki were allocated two slots each in the recruitment panel.

With the expiry of the term of the grand coalition, however, the law is silent on how the panel will be constituted, giving the President a free hand in appointing four out of the seven members of the panel.

“Both sides of Parliament are of the view that the commissioners must go...As a committee, we are agreed on the changes that will set the ground for the departure of the commissioners,” said Peter Kaluma (Homa Bay).

The committee had called for a joint sitting with the Senate committee Legal Affairs and Human Rights to consider the changes. There is still however no consensus on how the chair of the panel should be recruited.

There is also no agreement on the mode of exit of the current commissioners, one of the major sticking points in the current crisis.

While the Opposition favours round-table talks similar to the 1997 Inter-party Parliamentary Group (IPPG) to resolve the stalemate, Jubilee has insisted on a process driven by Parliament.

Raila has proposed talks with President Uhuru Kenyatta in what leader of majority Aden Duale yesterday described as “a mere tea session”.

“On the face of it, the process by the joint National Assembly and Senate committees will give an opportunity for everybody to give their views on the IEBC. If we agree on the joint sitting, then the first people to appear are the IEBC,” said Duale.