New team to oversee 2017 General Election

It is now clear that a new electoral team will oversee the second General Election since the ratification of the Constitution in 2010.

That means major roles in next year’s polls will be played by a new team since there will also be a new chief justice to swear in the winner of the presidential vote following the retirement of Willy Mutunga.

With the recruitment of a new CJ, deputy CJ and judge of the Supreme Court underway, it also means there will be three new faces on the Bench of the top court expected to handle any petitions challenging the presidential election.

Wednesday, after months of haggling, street protests, and even a near standoff in Parliament, the deadlock over who will conduct the next General Election was finally broken after nine top elections officials offered to quit.

Commissioners of the Independent Electoral and Boundaries Commission (IEBC) told a select committee of Parliament on the last day of sittings that they would exit the scene, effectively closing the chapter and setting the stage for a new team of commissioners to conduct the 2017 polls.

The nine electoral bosses told the committee that they were leaving for the sake of the nation, and had no desire to act as stumbling blocks to a free and fair General Election due in one year.

“We are a patriotic part of this country and we want to help the country have a free and fair election. We mean well for the country... if there is a political settlement, the commission will not stand in the way of such a settlement,” said Issack Hassan, the chairman of the commission.

“We took an oath of office and we have served the country with great honour,” added commission vice-chair Lilian Mahiri-Zaja.

The nine-member team was under sustained attacks from critics, including the Opposition Coalition for Reforms and Democracy (CORD). Most of the accusations emanated from its conduct in the last General Election, and especially around the botched procurement of election equipment.

The bipartisan parliamentary team chaired by senators Kiraitu Murungi (Meru) and James Orengo (Siaya) was formed under pressure from church leaders, diplomats and politicians, and tasked with enquiring into allegations against the commissioners.

On the basis of the findings, it was expected to make recommendations on mechanisms for their exit. It was also tasked with developing legal and policy recommendations for reforming the country’s electoral system.

Wednesday, the commissioners asked to be granted a dignified exit when the committee retires to prepare its report. It is the same request they had made when they appeared before a joint National Assembly committee during the hearing of a petition for their removal.

Commissioner Yusuf Nzibo, who wept during the petition hearing, said Wednesday he was proud to have served the country.

“We have served with dignity and we leave with dignity. It has been a privilege. I leave with my head held high,” said Mr Nzibo.

“This commission has served the country diligently and it is in our interests that the country moves forward. I will not stand in the way of a dignified settlement,” said Commissioner Mohammed Alawi.

Commissioner Kule Galama Godana said: “We swore to serve this country in one accord and transparency. The country is greater than any one individual.”

Commissioner Albert Camus Bwire said he was available for any other position the country may offer him.

“I’m a nationalist and also available for any national duty that this county has for me,” he said.

“This commission has done its work. As we leave, we have done a good job. That is why we are leaving peacefully,” said Commissioner Muthoni Wangai. Other members of the commission are Abdullahi Sharawe and Moses Letangule.

“One of the strengths of the commission has been its cohesiveness. We will not be a stumbling block to any political settlement,” said Mr Letangule.

Sharawe said “the commission has done its job well”.

The committee is expected to complete its work by August 12, and its recommendations will take into account an agreeable pay-off for the commissioners. Mr Hassan.

There have been calls to vet members of the secretariat instead of sacking them.

Mr Kiraitu said the commissioners had made a sacrifice even as he promised that the committee would look favourably at the commissioners’ request for a dignified send-off.

“I want to thank you for sacrificing for this country so we can have a peaceful election in 2017,” he said. “We will sift through all the material and then make recommendations, including a mechanism to give the commissioners a dignified exit.”

Mr Orengo described the commissioners’ decision as “patriotic”.

“Every time we think we are going to fall over the precipice, Kenyans rise and look into the future. Members of the commission have spoken as great patriots and Kenyans will remember this day,” said Orengo.