Fate of IEBC in limbo as Speaker blames Serem, CS for delay

Confusion reigns as the country heads into the last week of the negotiated exit period for the Independent Electoral and Boundary Commission (IEBC) commissioners.

National Assembly Speaker Justin Muturi yesterday blamed the Salaries and Remuneration Commission (SRC) and the National Treasury for the delay in paying off the commissioners.

Whereas a Parliamentary Joint Select Committee for Electoral Reforms had recommended that the polls body officials be paid their dues before they leave office by September 30, the Treasury is yet to release money for the commissioners’ exit package.

The processing of the exit package seems to have stalled and Muturi is now accusing the Treasury and SRC of “remaining conspicuously silent” on the cash.

Muturi said Treasury Cabinet Secretary Henry Rotich and Sarah Serem of the SRC had not made any offer to allow the eight commissioners to leave, leading to a delay in their replacement.

“The Treasury in conjunction with the SRC should have advanced that facilitation. The agreement to have the Isaac Hassan-led team leave office will cost taxpayers Sh180 million.

“The country is losing time for replacement and familiarisation of the proposed new team and preparation for the 2017 elections.”

Muturi explained that it will be difficult to send the IEBC commissioners home without their agreed dues, as there is no law requiring them to exit office in the new Elections Amendment Act 2016.

He said their positions could not be advertised unless those in office, including the chairman, have left.

“The Constitution stipulates that the position of a commissioner becomes vacant by either resigning or being removed from office through constitutional means,” he said.

Rotich yesterday said that they were still negotiating with the team and will come up with the package soon.

Suplementary budget

“We are still in negotiation with the AG and Treasury together with the IEBC commissioners and we will soon agree on a package.

“Thereafter, we will also see if we can pay them from the Contingency Funds or through a Supplementary Budget,” Rotich said.

Serem said her commission was not involved in the negotiation, but was only waiting to advise on the cash that will have been agreed on.

“It is not true that we have delayed the process, we are not part of the negotiation.

“This is a political negotiation and not the normal state officer send-off package, our part will be to advise the government once they arrive at a deal. We will be looking at affordability and sustainability,” Serem said.

She said the commissioners would not be paid before the SRC endorsed the package.

Gatundu South MP Moses Kuria yesterday urged the Speakers of both Houses to convene an emergency seating of the Senate and the National Assembly to create the oversight committee to oversee the implementation of the joint committee’s report.

“The reform process we negotiated has neither an owner, a manager nor a mid-wife.

“It was evident that certain forces within House committees were not comfortable with extension of the committee’s sittings to oversee implementation of our report. The country will pay a heavy price for this intransigence,” Kuria said.

He said the Houses should give that role to any other committee, an ad hoc or standing committee to ensure fast implementation of the reforms.

“The confusion currently witnessed is only a tip of the iceberg, the worst nightmare will happen next on September 30, when a commission should be in place failing which the current commissioners will be under obligation to oversee the August 8, 2017 General Election,” Kuria added.

He said by October 15, the new team was supposed to start the special audit of the register and form a broad-based team to guide the procurement of critical ICT components to avoid the technology challenges of 2013.

The joint select committee co-chaired by Siaya Senator James Orengo and his Meru counterpart Kiraitu Murungi had noted that the early exit would give the new team enough time to prepare for the General Eelection.

But Justice and Legal Affairs Committee Chairman Samuel Chepkong’a said the earliest the new commissioners can be in the office is November, following the constitutional timelines that must be followed.

Chepkong’a’s committee is mandated to oversee the creation of a seven-member selection panel that will pick the new commissioners that will manage the next elections.

Chepkonga said it was impractical to have the new team by end of September given that the selection panel and appointment could take long and the the current commissioners could remain in office until the end of the year.