The IEBC hot seat: The turbulent position where no CEO survives

Former IEBC CEOs Hussein Marjana and Ezra Chiloba. [File. Standard] The office of the Chief Executive Officer (CEO) of the Independent Electoral and Boundaries Commission (IEBC) appears jinxed, with all its holders exiting unceremoniously without completing their tenures. The immediate former CEO, Hussein Marjan, became the third official to leave the commission under a cloud, following in the footsteps of his predecessor, Ezra Chiloba, who himself had succeeded James Oswago-neither of whom completed their terms. All three exits were marked by controversy, political turbulence and protracted court battles, largely centred on the procurement of election technology and materials. Marjan's resignation was linked to alleged procurement violations relating to the maintenance of the Kenya Integrated Election Management System (Kiems). Chiloba, on the other hand, left office in 2020 over procurement irregularities tied to the 2017 General Election, while Oswago was removed following his involvement in the infamous "Chicken Gate" scandal, which involved allegations of bribery linked to the British printing firm Smith & Ouzman. Another striking similarity in the exits of the three CEOs is the role of factional politics. The United Opposition pushed for Marjan's removal, just as the late ODM leader Raila Odinga described Chiloba as the chief architect of the alleged rigging of the 2017 presidential election, which was later nullified by the Supreme Court. Oswago, meanwhile, faced sustained pressure from the Opposition as it demanded sweeping electoral reforms. The United Opposition, led by Wiper leader Kalonzo Musyoka, Rigathi Gachagua of the Democracy for Citizens Party (DCP), and Martha Karua of the People's Liberation Party-submitted a strongly worded petition citing alleged irregularities in Contract No. IEBC/OIT/001/21/2020/2021. The contract, which commenced on November 25, 2021, was for the supply, delivery, installation, testing, commissioning, support and maintenance of Kiems and related hardware. The Opposition argued that the framework contract was subject to a maximum duration of three years and was not extendable beyond that statutory limit. However, the Opposition alleged that Marjan irregularly extended the contract beyond the lawful three-year period, contrary to Regulation 134 of public procurement laws. "As a framework contract, it was incapable of lawful extension, yet the extension allegedly proceeded, exposing the public to potential losses amounting to billions of shillings," the petition stated. The claims The Opposition further argued that the law requires any contract variation or extension to be justified by the vendor, reviewed by the Contract Implementation Team or a duly constituted Evaluation Committee, and reported quarterly to the Public Procurement Regulatory Authority (PPRA) through the Public Procurement Information Portal-steps they claimed were bypassed. "There are indications that the extension was not reported to the PPRA, was undertaken without mandatory vendor justification, may have been backdated to serve undisclosed interests, and was allegedly approved unilaterally by Marjan, without the involvement of the Contract Implementation Team, in clear violation of procurement law and procedure." They added that, as a strategic procurement, the contract should have been sanctioned by the IEBC plenary. "We wish to state that at the time of the extension in November 2024, there were no commissioners in office to approve the procurement or extension," the letter stated. The Opposition further claimed that the system, as constituted, exhibited weaker biometric data capture capabilities than the previous solution, relied on an inefficient iris capture methodology requiring absolute stillness, and operated on offline-only data capture, creating risks of duplication, double registration and compromised data integrity. The opposition maintained that these breaches raised serious concerns of a calculated subversion of procurement law, with far-reaching implications for electoral integrity, public finance accountability and public confidence in democratic institutions. They demanded that the chairperson and commissioners act with urgency to investigate the allegations, take appropriate legal and administrative action, and publicly account for how such a strategically critical procurement escaped constitutional oversight. "We further demand that investigative agencies expand the scope of inquiry to establish whether similar procurement breaches may have occurred in the printing of ballot papers," the letter stated. Should the allegations be substantiated, the United Opposition said all implicated officers, including the accounting officer, head of procurement and members of the Contract Implementation Team, should step aside and be surcharged. Chiloba, who was dismissed in June 2020, announced his firing on social media following a protracted legal battle with the commission. Although he protested that his termination did not follow due process, he was accused of ignoring summonses to appear before a disciplinary hearing relating to a post-election expenditure audit. "My employment with the IEBC has officially been terminated. This does not come as a surprise to Kenyans who have been monitoring events at the IEBC over the past six months. The outcome was already predetermined, and the process was a mere formality," he said. Before his dramatic exit, Chiloba had been suspended in April 2018 to allow for a 90-day audit after he was accused of procurement irregularities. The Opposition, then led by Raila, accused Chiloba of working in favour of the ruling party, claims echoed years later by the Opposition led by Kalonzo , which accused Marjan of favouring President William Ruto's administration. Chicken Gate scandal Oswago, Chiloba's predecessor, was removed following the Chicken Gate scandal, allegations he has consistently denied to date. The scandal was uncovered by the United Kingdom's Serious Fraud Office after tracing illicit payments made to IEBC officials. Oswago was accused of presiding over irregular procurement processes, including the supply of ballot papers for the South Mugirango by-election, with prosecutors alleging procurement rules were bypassed and that he received Sh2 million as an inducement. In December 2022, Oswago and his deputy, Wilson Shollei, were convicted by an anti-corruption court and each fined Sh7.5 million or sentenced to four years' imprisonment over the irregular award of a Sh1.3 billion tender for electronic voter identification systems. With Moses Ledama Sunkuli now appointed acting CEO to replace Marjan, attention has turned to whether he will be confirmed and whether he can avoid the fate of his predecessors. IEBC commissioners have meanwhile urged Kenyans to abandon the perception that officials at the commission are inherently corrupt, calling for support rather than vilification. According to Francis Odour, a commissioner at the IEBC, there is a widespread perception in Kenya that commission officials are bad people who facilitate electoral rigging, with some even predicting their deaths. "I feel bad when people claim the IEBC is made up of thieves. Some even predict when we will die or say we will go to hell. We are ready to serve our country diligently," he said. Commissioner Ann Nderitu revealed that some clergy discouraged her from taking up the role and later sent her threatening messages following the November 27 by-elections last year."After the by-elections, a pastor wrote to me saying, 'Resign or perish.'" she said.

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