Why CORD, Jubilee leaders are at war over polls commission

Kenya: The official Opposition has re-activated its resolve to kick out commissioners of the Independent Electoral and Boundaries Commission (IEBC), citing latest allegations that the electoral body was secretly conducting voter registration.

Reports on the said registration came to the fore on Tuesday when the commission appeared before the Samuel Chepkonga-led Justice and Legal Committee of the National Assembly requesting an additional Sh2.5 billion to carry out the exercise. Chepkonga, who is MP for Ainabkoi, Tom Kajwang (Ruaraka) and Peter Kaluma (Homa Bay Town) expressed shock at the revelation and questioned the wisdom behind IEBC’s decision to quietly carry out such a sensitive and important exercise. Reading a sinister motive, Kaluma further demanded that IEBC discloses the targeted areas and immediately make public the ongoing exercise.

Voter listing

Acting IEBC CEO, Betty Sungura, told the committee that voter registration is a continuous exercise and mandate of the electoral body, which they did not wish to sensationalise. While members of Jubilee coalition were convinced by the explanation, their Coalition for Reforms and Democracy (CORD) regard the silent voter registration as part of a pre-rigging scheme. 

“IEBC must go!” has for some time now been a chant of CORD, whose co-principals are former Prime Minister Raila Odinga, former Vice President Kalonzo Musyoka and Senate Leader of Minority, Moses Wetang’ula.

And now CORD has launched a two-pronged approach to kick out IEBC officials, whom they claim rigged out their presidential candidate, Raila Odinga. The Supreme Court ruled that President Uhuru Kenyatta won the elections fairly. CORD is also accusing the electoral body of mismanaging the polls by purchasing expensive technological gadgets, which failed to work.

The approach involves a petition to Parliament for the removal of IEBC officials filed by Wafula Buke, a CORD official, and amendments to the Constitution seeking to alter the date of the next General Election from the second Tuesday in August to the third Monday of December of every fifth year, sponsored by Ugenya MP David Ochieng.

Although Ochieng assured The Standard on Sunday that the amendments do not intend to disband the IEBC, the ultimate effect of the change of the election date, if approved by Parliament, is that the IEBC commissioners will technically not oversee the December polls. The term of the IEBC bosses expires in November 2017.

Read mischief

But the ruling coalition has sensed mischief in the CORD plot and is scheming to thwart attempts to disband the electoral body. Jubilee politicians have termed the proposal to change the election date “a futile attempt to disband the electoral body through the back door”.

Says National Assembly Majority Leader Adan Duale: “We have interpreted this as a CORD strategy to disband IEBC through the backdoor. We shall bring our own constitutional amendment to seek an extension of the tenure of the commissioners by six months to enable them to conduct the next General Election before going home.”

And chairman of The National Alliance (TNA), Johnson Sakaja, claims the opposition is in apprehension and fear of defeat.

 “You cannot live in the past and expect to change your present and future orientation in thinking. That is CORD and what it is known for – whining and blaming the referee whenever they lose an election. We shall thwart whatever is not in the interest of Kenyans,” Sakaja said.

Kajiado North MP Moses ole Sakuda, also allied to TNA, wonders why CORD was consistently demanding IEBC’s disbandment when their political strategy remain the same. “Let us bite the bullet. CORD is losing because of its poor strategy whether the current IEBC shepherds the next elections or not, indications are clear to all and sundry that a Jubilee victory is inevitable,” Sakuda said.

Bungled poll

But maintaining that IEBC mismanaged the polls, including investing in expensive gadgets that failed to relay results electronically on the voting day, former Justice minister Eugene Wamalwa supports the move to disband IEBC “in order that we start the process afresh with a new and credible team”.

And the New Ford-Kenya party leader warns against “blind support” for IEBC: “The more the Jubilee leaders insist on supporting IEBC the more they paint Isaac (Hassan, IEBC Chairman) and the electoral body as a Jubilee outfit. By strongly defending the electoral body, Jubilee is only confirming to Kenyans that indeed IEBC is Jubilee’s referee and not a neutral referee.”

For Kiminini MP Chris Wamalwa, the debate on whether or not IEBC should preside over the next General Election is a matter of moral logic. The electoral body, he argues, cannot insist on playing the referee in a match where one of the sides believes it is biased in favour of the opponent. “Even in judicial proceedings, where either of the parties registers doubts about the impartiality of the judge, such a judge honourably disqualifies himself or herself from presiding over the case,” argues the Ford-Kenya allied politician. 

Separately, Duale says it would be important for the opposition to stop hiding behind the hangovers of the last General Election and focus on supporting the building of strong institutions including enhancing both the technical capacity and manpower for the IEBC to manage elections better than disbanding it every time they lose an election.

Noting that the tenure of the commissioners expires in November 2017, IEBC’s Manager of Communications and Corporate Affairs, Tabitha Mutemi, adds that it would practically be impossible for a new team to lay ground for a successful poll in under 30 days: “An exercise of six concurrent elections is massive and has colossal and logistical challenges. Management of such an exercise requires a lot of experience and enough planning time.”

Senate Majority Leader Kithure Kindiki equally warns the amendments proposed by the opposition would have a bigger implication on the country’s electoral process and tenure of protected terms.

“We were elected knowing we would serve for four and half years and any attempt to lengthen our term is ridiculous and must be approved by the people,” he says.

He says legally, if the amendments sail through then it means the term of the current Parliament, and that of the President would have been extended by about four months.

“Any issue touching on the term of Parliament or the President  should be decided by Kenyans through a referendum,” he said.

But the sponsor of the amendments, Ochieng, refuted the insinuations: “The proposed Bill does not seek to increase the term of MPs and other elected leaders, including the President. If anything if it is extended to December of 2017, it will be less than five years of service.”

Clear provisions

On disbandment of IEBC, Kindiki says the Constitution is clear that each of the nine commissioners presides over at least two general elections before exiting to ensure institutional memory, high performance and professionalism.

“The commissioners are not to blame because while CORD believes that the body bungled the elections, we in Jubilee hold the view that the IEBC tried its best to manage a credible election process,” Kindiki said.

Lugari MP Ayubu Savula supports the amendments arguing that voting in December would give Kenyans ample time to celebrate Christmas festivities with a new government in place. 

“We are certain the amendments offer a popular opportunity across the board for MPs to change the dates to have a government in place before Christmas while at the same time making sure the school calendar is not changed,” Savula said.

However, South Mugirango MP Manson Nyamweya appeals to colleagues in CORD to first direct their energies on implementing the Constitution “rather than mutilating its provisions to achieve selfish interests”.

Kisumu Central MP Ken Obura said the fact millions of Kenyans, mainly those who supported CORD, had lost faith in the electoral commission was reason enough to disband it all together. 

“At least 90 per cent of voters should have total confidence in the electoral commission. We should be concerned because a big majority have no confidence in IEBC,” Obura told The Standard on Sunday. 

Asked whether CORD was engaging in an exercise in futility due to the tyranny of numbers, Obura said reforming the commission had nothing to do with numbers in Parliament, adding it is all about reforming the electoral process.