In 1997, then President Daniel arap Moi had the exclusive right to appoint commissioners to the now defunct Electoral Commission of Kenya (ECK), a power he derived from the supreme law. He, however, settled for a gentleman’s agreement with the Opposition allowing them to nominate their representatives to the polls team.
Much as Moi was acting out of pressure from the Opposition, the law was on his side. By allowing the Opposition to name representatives, the former President was just acting in good faith.