Taxpayer’s Sh40m goes to waste in Kamukunji

By Alex Ndegwa

The Interim Independent Electoral Commission (IIEC) was forced to postpone the Kamukunji by-election even as it emerged the taxpayer had lost Sh40 million in the process.

While announcing the decision, the IIEC chairman Issaak Hassan said the court ruling sets a bad precedent.

"Sh40 million in taxpayers’ money IIEC spent in preparation for the by-election have gone down the drain," he said.

The IIEC arrived at the decision after it tried in vain to explore the possibility of proceeding with the election on Monday.

Sources said the IIEC grappled with the idea of approaching either the Presiding Judge Msagha Mbogoli or the Principal Judge of the Court of Appeal Riaga Omolo to constitute a Bench to hear objections of IIEC lawyers.

But all efforts failed because of the absence of a Chief Justice who is the only person who can constitute a Bench in extra-ordinary circumstances.

Other sources said a group of 14 lawyers had earlier attempted to get a stay order on the strength of their argument that the new Constitution gives powers to a judge to make such decisions anytime, anywhere.

At the end of the day, the polls body and political parties were left counting massive losses occasioned by the historic High Court ruling on Friday.

Mr Hassan said they would appeal on Monday against the ruling by Justice Daniel Musinga hoping to lift the blockade on the by-election following a petition by one of the aspirants.

ODM claimed it had spent Sh50 million in the campaigns to have Ibrahim Ahmed, whose successful petition occasioned the by-election, elected Kamukunji MP.

Though he raised questions about the handling of the petition, Hassan said as a reform commission, the IIEC respects the rule of law and court orders, however bad, must be respected in the spirit of the new Constitution.

"We cannot pretend that there’s no court order. The commission will comply with the court order despite its reservations in the reasoning of the court. We have no other choice than to postpone the by election," he told a press conference at the commission’s headquarters at Anniversary Towers, Nairobi.

Masindet defended

Hassan and other IIEC commissioners held a daylong meeting with their lawyers before making the announcement.

Hassan said: "It is regrettable that the ruling will heavily impact on the taxpayers, the candidates and voters of Kamukunji. It will be noted that no undertaking was given as to the costs as required when granting orders for injunction."

This assurance is important so that the petitioner shoulders the costs should it be determined after full hearing that his case had no merit. The IIEC, he said, hopes to use the same printed ballot papers to cut on costs.

Parties and candidates will have to brace for additional costs associated with protracted campaigns, which run into millions of shillings, including reprinting posters to replace defaced and worn out ones, logistics like hiring public address systems, and fuel for convoys.

Hassan said the commission would announce a new date after its appeal and the case filed by Mr Peter Waweru Mwangi are heard and determined.

Hassan defended the Returning Officer, Masindet Joseph Leboo, saying he was justified to reject Mwangi’s nomination papers because he had defected from PNU after losing in the primaries.

The IIEC had instructed its officials to crackdown on last- minute defections, the so-called ‘party hopping’ and the court order had dealt a blow to these efforts, he added.

Hassan claimed the handling of the court case implied attempts to stop the by- election. He said the ruling was initially set for Thursday, but it was pushed to Friday, which he noted denied the commission the opportunity to lodge an appeal.

He said although the ruling was delivered at 11am the proceedings and the court file were not available to the IIEC lawyers until 3pm. Even so the deputy registrar was not available to sign the commission’s application for appeal, he claimed.