How poll officials struck deal to exit on own terms

A day after besieged electoral commissioners offered to voluntarily vacate office, details are emerging on how the deal was hammered.

Though figures have been floated and assurance sought on parliamentary immunity against any criminal liability over any mistakes in the 2013 General Election, sources say the Independent Electoral and Boundaries Commission (IEBC) commissioners have left on their own terms.

"The commissioners have scored big time. They are leaving under their terms and not ours," said a legislator who declined to be named.

The Standard established that it was not easy to pull through with the deal, but the co-chairs, senators James Orengo (Siaya) and Kiraitu Murungi (Meru), went beyond the law and political interest to persuade the officials to leave, in public interest.

"The truth is that the select committee did not have any evidence to pin any of the commissioners. Instead, the committee was at their mercy. By agreeing on this negotiated pay package, they have done us a huge favour," added the legislator.

The Standard has further established that beyond the perceived hard-line position exhibited by the commissioners in public led by Issack Hassan, Thomas Letangule and Mohammed Alawi, they were lobbying for their exit behind the scenes.

What has been holding them was their resolve to have a legal backing and a political statement on the early exit from the country's leadership; that they will not be victimised and must get what they are entitled to.

Sources privy to the closed-door meetings confided to The Standard that the President's word changed everything, especially when both Attorney General Githu Muigai and National Treasury Cabinet Secretary Henry Rotich affirmed that contingency fund cash could be used for their settlement.

Not only did the commissioners demand full benefits for the 15 months remaining, including gratuity, they wanted to leave 'clean'.

With guarantee of no Chickengate scandal or any other criminal case against them, the officials agreed to leave as opposed to facing a tribunal.

"They wanted to leave clean. Meaning no report implicating them will be adopted by Parliament. They sought assurance that the joint committee report will also exonerate them," said a close source in the team.

Despite being credited with negotiating the exit package for the commissioners, the joint select team was cornered since it did not have any tangible evidence against them.

At some point, the officials carried the day when they told the team it was undertaking an illegal process.