Glimmer of hope for IEBC deal as end of talks nears

President Uhuru Kenyatta with Vihiga Governor Moses Akaranga at State House, Nairobi, after a meeting with the Council of Governors yesterday. Conflicting accounts emerged yesterday as to what deal the committee on electoral reforms had reached. (PHOTO: PSCU)

Conflicting accounts emerged yesterday as to what deal the committee on electoral reforms had reached.

This came even as President Uhuru Kenyatta and CORD leader Raila Odinga were drawn into the talks following a stalemate, particularly on the fate of the register of voters and the procedure of recruitment of poll commissioners.

By last night, there were contradictory reports on the specific nature of the agreement that the joint select committee on the Independent Electoral and Boundaries Commission (IEBC) had reached.

Some in Jubilee alluded to a deal, but the Opposition dismissed any reports of an agreement. Other sources said the contested issues, particularly on the voter register, would be left to President Uhuru and Raila.

But sources gave a glimpse of possible compromise positions that are on the table as the CORD and Jubilee teams raced to beat tomorrow’s deadline to conclude their report.

In the spirit of give-and-take, the parties are understood to be weighing a clean-up of the voters’ roll, as advocated by Jubilee, to get rid of ineligible names such as of those who had died.

Fresh listing

To appease the Opposition, which wants voters listed afresh, the teams are reportedly exploring a situation where the register clean-up is conducted as a special technical audit by a forensic audit firm of international repute and another body with international experience on electoral matters.

CORD is also understood to be willing to climb down on the demand that parties pick representatives to a panel to recruit new poll commissioners.

The MPs are reportedly exploring the possibility of having a selection panel of nine members, largely drawing membership from religious groups and professional bodies, to pick the commissioners. 

Sources said the Catholic Church, the National Council of Churches of Kenya (NCCK), Evangelical Alliance of Kenya, Supkem, Hindu Council, Law Society of Kenya and Kepsa would nominate one panel member each, and the Parliamentary Service Commission two.

The allocation of two slots to House commission is apparently to assuage CORD, which wants politicians in the team.

The ruling coalition is also understood to be willing to give a concession for the Public Service Commission (PSC) to only provide the secretariat. Jubilee wants PSC to recruit the selection panel.

Sources also indicated the two sides were nearing a consensus on the number of commissioners to serve in the next commission.

They were considering having seven part-time commissioners instead of nine full-time as initially proposed by Jubilee.

However, the two sides are considering having the seven commissioners serve on full-time basis on the final year of election.

“We have been deliberating on the operations of the commission, and it is our considered opinion that they should work full-time in the final year of the election. This is the time that there is so much activity at the commission,” said a source.

Jubilee also made a concession on how parties should obtain material and documents in an election petition.

The ruling coalition gave in to CORD’s demand that the electoral agency should be compelled to supply the Supreme Court with all material and documents used to declare presidential results, automatically, within 48 hours.

Jubilee also agreed to the Opposition’s push to revisit the possibility of leaving the door open for constitutional amendments before next year’s polls.

The ruling coalition is keen on changes to the law to stop party-hopping and empower Political Parties Disputes Tribunal to hear nomination cases.

Members felt that way, IEBC would be free to conduct party primaries – as Jubilee Party wants – without concerns about conflict of interest given that the commission was required to arbitrate nomination disputes.

Earlier, with the parties deadlocked, the negotiators sought the intervention of the President and the Opposition chief.

Sources said Jubilee MPs Moses Kuria, Kipchumba Murkomen and Kiraitu Murungi reached out to President Uhuru and his deputy, William Ruto.

CORD MPs James Orengo, Johnstone Muthama and Junet Mohammed reportedly contacted Opposition leader Raila Odinga.

Sources further added that matters had been agreed but not formalised, as the experts were working overnight to frame them into formal documents that include draft Bills and Minutes for adoption tomorrow.

It is expected that the secretariat will work on the final documents on Friday, for the report to be tabled in the House on Tuesday.

The committee has reportedly invited Attorney General Githu Muigai, Salaries and Remuneration Commission Chairperson Sarah Serem and National Treasury Cabinet Secretary Henry Rotich tomorrow to offer advice on a send-off package for the nine commissioners led by chairman Issack Hassan.

The AG will give his legal opinion on the entire process before the report is finalised. Serem will advise the committee on possible payout while Rotich will tell the committee where the Government plans to get funds.

Although Muigai and Rotich had appeared during the public hearings, the committee is said to have reached a decision to invite them to give their final input before the report is finalised.

“We have invited the officials to come back and give us their opinion on how best we can work out the issue of commissioners without attracting any legal suits,” said the source.

Earlier, as cracks in the ongoing negotiations widened, sources intimated that the issue of the voter register could be left to the President and Opposition leader to unlock.

Earlier yesterday, National Assembly Majority Leader Aden Duale had signalled the hardline positions on the voter register.

“We will not advocate for the creation of a new register because it is a tedious and time-consuming exercise in light of the short period between now and the next General Election. We will not go for a new register,” said Duale.

Raila had said that in 2010, the electoral commission had registered 12 million Kenyans in 60 days for the referendum, and 14 million within 30 days in 2012.

But Jubilee contended that the electoral commission could not meet the four million target in February, this year, during mass voter registration where only slightly over a million were listed. They held that it would be dangerous to discard a register of 15 million voters one year to elections.

Key issues

Members allied to the Jubilee coalition had also been angry that their CORD colleagues had re-opened debate on the possibility of undertaking constitutional amendments before the next General Election, despite an earlier agreement that such amendments should not take place.

A key change that CORD wants implemented in law was increasing the number of days for the determination of a presidential petition from the current 14 days. But a flustered Jubilee side is said to have threatened that if that were to be the case, then they would insist that any commissioner facing allegations be taken through a tribunal.

As a result of the disagreements on key issues, some of the matters were referred to a group of experts working with the committee.

On the controversy surrounding the date of the next election, the two teams agreed that the matter was outside their mandate as it was already defined in law. There had been debate on whether the date should be moved from August next year to March 2018.

“The date is set in law and as a committee, we lack the jurisdiction to deliberate on it,” said the lawmaker.