Internal and external pressures slow IEBC's operation ahead of repeat polls

The Director of Public Prosecutions (DPP) Keriako Tobiko has ordered the anti-corruption agency and the police to investigate irregularities that led to the bungling of the August 8 presidential election.

In a letter to the Ethics and Anti-Corruption Commission CEO Halakhe Waqo and the Director of Criminal Investigations Ndegwa Muhoro, Tobiko said he was acting on the basis of petitions following the Supreme Court judgement “with the view of establishing the electoral or criminal offences including corruption and economic crimes that may were committed by IEBC officials ... or those who could have aided the commission of such offences.”

Internal wars

The DPP indicated he has received letters from NASA lawyer AT Aluoch, Kua Yangu Sauti Yangu initiative and the Jubilee Party, which asked for the investigation of NASA co-principal Musalia Mudavadi and Senator James Orengo.

The DPP gave the two agencies 21days to complete the investigations.

This adds pressure to the Independent Electoral and Boundaries Commission (IEBC), which is also facing internal rivalries as it struggles streamline operations following harsh criticism by the Supreme Court, politicians and the civil society.

On Friday, NASA wrote to Director of Public Prosecutions Keriako Pressure on IEBC as polls beckon asking him to initiate, within 72 hours, investigations on the culpability of some poll agency’s officials on the bungled election.

This comes as internal wars within the commission threaten to explode according to a source at the Anniversary Towers, who sought anonymity but confirmed that bad blood between some staff and commissioners is making things slow.

At the heart of the squabbles is lack of the Supreme Court’s direction to point out the anomalies in the election and the IEBC failure to indict individuals.

NASA has repeatedly said there will be no election if their ‘irreducible minimum’ conditions to purge some staff at the commission are unmet.

Two weeks ago, IEBC Chair Wafula Chebukati suspended ICT Director James Muhati, Paul Mugo (ICT Coordinator) and Boniface Wamae (ICT officer) for failing to deliver their mandate. “Quite patently, the ICT Director and two members of staff involved in managing SFTP platform, appear to have fallen short of assisting the Commission successfully discharge this collegial and constitutionally enshrined mandate,” read part of Chebukati’s internal memo.

But several days later, the three are still in office. “This indicates the rut Chebukati is in at the commission, nothing seems to move because of the infighting; some of the staff take orders from the State and it becomes difficult to deal with them,” said a source.

It is not clear if IEBC’s Head of Legal Affairs Praxedes Tororey’s departure could herald a similar exit by some officials. On Thursday, Ms Tororey, who headed the Directorate of Legal, proceeded on two months terminal leave after she opted to take early retirement.

A plenary meeting of the IEBC on Thursday at the Ole Sereni Hotel had unanimously resolved to interdict her for allegedly going against the plenary decisions in appointments of external lawyers.

As the internal strife distracts the smooth operations of the commission, the indication of an offing mass action by NASA will likely numb its moves. “We will meet our parliamentary group on Monday and one of the things is the way forward on fast tracking reforms at IEBC. We may decide to vist them for tea,” said NASA presidential running mate Kalonzo Musyoka.

On three occasions, IEBC has failed to bring together Jubilee and NASA to agree on fresh elections. Last Wednesday a similar meeting was cancelled at the last minute.

IEBC Communication Manager Andrew Limo said: “The meeting is slated for Wednesday, I am not sure if all the parties have agreed on the date.”

Mr Limo said the meeting would be used to thrash out issues that each party has and agree on a common ground on matters that will help build confidence on both parties.