Rumbles over IEBC just moments after Ruto nominates members

President William Ruto and Deputy President Rigathi Gachagua receives the report of the National Dialogue Committee (NADCO) from the Co-Chairs Kalonzo Musyoka and Kimani Ichung'wah at State House Nairobi. [PCS]

The decision by President William Ruto to nominate chairperson and commissioners of the Independent Electoral and Boundaries Commission without consulting a section of Azimio La Umoja leaders has raised a fresh political storm.

Even before the ink on the on the President's nomination letter has dried, opposition leaders are up in arms against the Head of State for allegedly breaching the recommendations of the National Dialogue Committee (Nadco) that the commissioners would be picked after consultations between Kenya Kwanza and Azimio coalition leaders.

In a move that could destroy the trust of the electoral body, a section of Opposition leaders, led by Wiper leader Kalonzo Musyoka, accused the President of disregarding inclusivity and consensus for his failure to involve the opposition leaders and other key players.

Kalonzo claimed Ruto's actions were a deliberate set-up to rig both the upcoming by-elections and the 2027 general elections, a move that may jeopardize recent efforts to cure the trust deficit the electoral body has suffered, which has been a recipe for post-election clashes.

"We are extremely concerned that Ruto chose to be partisan by ignoring the principle of consultation and concurrence in his recommendation of the chairman and members of the IEBC. This action has automatically created a low-trust institution," Kalonzo said.

Kalonzo's worries and concerns are informed by paragraph 861 and 862 of the Nadco Report 2023 that recommended that Kenya Kwanza and Azimio coalitions consult before the President announces IEBC nominees.

"In order to build confidence in the IEBC, it was felt that a recommendation be made to the leadership of the two coalitions to cater for a window of consultations and concurrence before their appointment process."

"Kenya Kwanza and Azimio coalitions shall request the leadership of the coalitions to consider the need for consultation and concurrence before the President exercises the power of appointment of the chairperson and members of the IEBC," the paragraph read.

In an interview with The Standard, Kalonzo maintained that following Raila's move to sign a cooperation agreement with Ruto's administration, the President ought to have consulted with the remaining leaders within Azimio coalition and other key stakeholders.

"The Azimio coalition is now represented by Wiper and DAP-Kenya parties and failure by the President to consult leaves us with no doubt that there is an elaborate scheme to rig the 2027 general elections. Some of the nominees are relatives of the broad based government backers to whose allegiance they belong," Kalonzo said.

He said Opposition leaders were consulting to discuss whether they will go to court to challenge the President's decision as they continue to engage their supporters over the matter.

Ironically Kalonzo co-chaired the Nadco talks alongside National Assembly Majority Leader Kimani Ichung'wa that led to the establishment of the IEBC selection panel and now critics are saying that the Wiper leader walked into a trap with his eyes wide open.

The nominees whose names have been forwarded to the National Assembly include Erastus Ethekon, to replace the late Wafula Chebukati as chairman, and commissioners Ann Njeri Nderitu (Nyandarua), Moses Alutalala Mukhwana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu) and Fahima Araphat Abdallah (Lamu).

The IEBC, which has long been under scrutiny, now finds itself once again in the eye of a political storm as DAP-Kenya chairperson Ken Babu speculates that there was a complete intention from the onset to deny young people an opportunity to participate fully in this election as commissioners or being part of the IEBC.

"We cannot have a situation where we are talking about 70 per cent of the people of Kenya, Infact, the majority, who are going to participate in that election and they are not represented at the decision making table. Why is it that we cannot just operate in an environment where young people are acknowledged and given an opportunity to deliver that which they can deliver?" wondered Babu.

He also claimed the nomination of people with questionable character could be deliberate to attract court battles in a bid to delay the reconstitution of the IEBC.

"We are dealing with a very strange person. Maybe he did it intentionally so that people can go to court and delay the process so we have an IEBC only six months to elections," he added.

Lobby groups have also raised concerns over the President's decision of failing to involve the players who would be having interests to run for the presidential office in 2027 even as they claim the selection panel "was already compromised."

According to Fred Ogola of Operation Linda Jamii, the nomination of the IEBC chairperson and the commissioners occasioned "a process of not delivering to Kenyans a credible poll."

"Some of the members of the IEBC selection panel had political affiliations, some were members of the ruling UDA party while others were serving in government. And even now, Kalonzo has raised fundamental issues which ought to have been considered as he is a key player in the 2027 general election," said Prof Ogola.