As the parliamentary joint select committee on the Independent Electoral and Boundaries Commission (IEBC) reforms meets for the first time on Tuesday, the process for removal of poll commissioners is still a major sticking point.
While CORD is pushing for a negotiated settlement that will see the commissioners resign with a send-off package, the Jubilee coalition insists that their removal should be through a tribunal as stipulated by the law.
Early in the week, Parliament passed a motion for formation of a joint select committee on the IEBC. The 14-member committee will have 30 days to investigate claims of misconduct against the IEBC chairman and eight commissioners and submit its report to the House.
The committee comprises senators Kiraitu Murungi (Meru), James Orengo (Siaya), Johnstone Muthama (Machakos), Kipchumba Murkomen (Elgeyo Marakwet), Boni Khalwale (Kakamega), Mutula Kilonzo Junior (Makueni) and Beatrice Elachi (Nominated).
Others are Members of the National assembly Simiyu Eseli (Tongaren), Mishi Mboko (Mombasa County Woman Representative), Junet Mohammed (Suna East), Naomi Shaban (Taveta), Mohammud Mohammed (Mandera West), Jimmy Angwenyi (Kitutu Chache) and Moses Kuria (Gatundu South).
As the committee prepares to meet, IEBC Chief Executive Office Ezra Chiloba says given that the next elections are just 13 months away, it is important for the committee to settle on an option that would ensure a commission that has a broad acceptability is in place.
In an interview with The Standard on Sunday, Chiloba said though Article 251 of the Constitution provided the removal of a commissioner through a tribunal, it presents a lot of uncertainty.
“To me, the parliamentary process should avoid the tribunal route because such is likely to be protracted leading to a crisis in election preparation. Some people may go to court to bar the tribunal hence delaying the process ,” said Chiloba.
Timely replacement
He called on the committee to negotiate with the commissioners for an exit that would allow for their timely replacement.
“A negotiated exit creates winners across the board and reduces the risk of political battles on whether or not the commissioners should be replaced,” he said.
In the unlikely event the select committee would settle on the tribunal route, Chiloba suggests that election date be pushed forward.
“It is unlikely that changing the election date will be welcome owing to the fact that it requires a constitutional amendment. A constitutional amendment has mandatory timelines that must be observed. This might push the election date into 2018,” he said.
The Standard on Sunday has learnt that CORD has been engaging a group of experts as it prepares for the talks. CORD select committee representatives have been meeting a group of experts to seek views on the issues they want to push for.
Muthama told The Standard on Sunday their team had started working with lawyers and researchers to raise certain issues and ensure they are captured in the select committee.
“We agreed during our house cleaning retreat at Maanzoni Lodge in Machakos last week that we engage experts to help us piece together the issues we want reviewed. We have been meeting since then,” said Muthama.
Simiyu said they have been meeting the experts to make sure all the challenges in the electoral process are identified and solved. “We have five experts who include lawyers, researchers, IT and procurement professionals who will help us break down and identify loopholes that should be sealed to ensure a credible election in 2017,” said Simiyu.
Rigging fears
The Tongaren MP said the CORD team is keen to ensure all loopholes that may allow rigging are sealed.
“Right from the polling station to the tallying centre in Nairobi, rigging takes place somewhere. That is where we want to identify and seal it once and for all,” said Simiyu.
According to Kuria, the Jubilee coalition is also looking forward to the talks since “it is more aggrieved” and is looking forward to suggesting polls reforms.
“As an IT expert with over 20 years experience, I will be pushing that we fully automate the electoral process or we go completely manual, nothing in between. That is where avenues for vote rigging emerge from,” said Kuria.
Kuria said the Jubilee team will meet before Tuesday.
The Clerk of the Senate Jeremiah Nyegenye said the secretariat comprising of 10 staffers has already been put together.
“We have the secretariat of five staff from National Assembly and an equal number from the senate. We are waiting to be directed on when their services will be required,” said Nyegenye.
The secretariat includes clerks, and legal counsels and researchers.
