This will not be a lynching ground – Ekuru

By WAHOME THUKU

The selection of the Independent Electoral and Boundaries Commission (IEBC) members will be an open process.

Dr Ekout Ekuru, the chairman of the IEBC selection panel said the public would be involved right from application for commissioners’ positions to the vetting process.

"I am appealing to all qualified persons to apply for the jobs without fear. This will not be a lynching ground for anyone. We will respect every applicant and won’t intimidate them," he assured.

From left, Justice Minister Mutula Kilonzo (second) and Chief Justice Willy Mutunga (fourth ) with the IEBC selection panel after they were sworn in Monday at Nairobi law courts. [PHOTO: EVANS HABIL/STANDARD]

He said Kenyan memories were still fresh on the aftermath of the 2007 election and could not accept a repeat of the chaos.

Okuru was speaking soon after he and five other panellists were sworn in before Chief Justice Willy Mutunga at the Nairobi law courts.

The panel was appointed by the president and the Prime Minister under the First Schedule of the new IEBC Act.

Other members are Prof Marion Wanjiku, Mwanyengela Ngali, Rosa Akinyi, Justice Isaac Lenaola, Emily Ominde, Irene Cheptoo, Charles Wambugu, Dr William Okelo and Sophie Moturi.Okuru, who served as the executive officer of the Committee of Experts, which drafted the new Constitution, asked the public to give credible criticisms on the character of applicants.

Status quo

But even as the panellists took positions, Justice and Constitutional Affairs Minister Mutula Kilonzo warned them of difficulties and frustrations ahead.

"You will be intimidated, lobbied, harassed and labelled names by the political class seeking to maintain the status quo but you must be faithful to your oath," the minister told the panel.

Mutula, however, said that Kenyans wanted free and fair elections managed by impartial and independent persons.

Chief Justice Mutunga warned the panel that they should be prepared to put their lives on the line in the course of duty. "This is not idle talk. You could even be shot at and I think ensuring the security of the panel should be a national priority," he said in a brief speech.

Under the IEBC Act, the panel is required to invite applications for positions of nine commissioners within seven days.

Names of the applicants should be published in the Kenya Gazette, in at least two national newspapers and in the website of the Public Service Commission.

Anyone, who has served as MP in the past five years, is disqualified from being a commissioner as well as members of the governing bodies of political parties.

Before 1992, provincial administrators supervised elections. The President then established the Electoral Commission of Kenya (ECK) to supervise the first multiparty elections.

In 1997, constitutional reforms under the Inter-Party Parliamentary Group (IPPG) saw the mandate of appointing electoral commissioners passed over to political parties.

After the 2007 election, ECK was disbanded in constitutional amendments that provided for a new nine-member Interim Independent Electoral Commission (IIEC) nominated by a parliamentary select committee and approved by Parliament for appointment by the president.

Article 38(2) of the Constitution provides Kenyans with a right to free, fair and regular elections in all public elective bodies.