We expect new electoral commissioners to be free from political control

This week, Public Watchdog delves into the raging yet salient debate on the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), the authority tasked with regulating and overseeing our national and regional elections.

At the outset, we wish to state that the IEBC represents a key pillar of our democratisation process, as it is through the electoral process that the people exercise their rights and choices as to who are to be vested with the reins of power and governance.

In the same way, it is through the election process that the people exercise their right to deny political power to those that have failed to apply such power for their betterment at the constituency, county or national level.

Granted, elections are matters of free choice and this can only work in an environment in which the election process respects and recognises the free will of a people without coercion or any meddling.

This essence of democracy facilitates the free exercise of democratic principles, allowing and assuring that the will of the people prevails in an election. Why? Independence of the electoral commission is a key plank that assures credible elections and for the will of the people to prevail and as such, we cannot wish it away for any reason.

What, then are the compelling issues?

Firstly, we must start with putting our best brains, especially those that have proven their independence and demonstrated ability to resist political pressure, intrigue and machinations that could threaten the exercise of the democratic rights of the people.

Those seeking to be appointed to the IEBC must be thoroughly vetted to show and prove they are free from anything that could compromise their perception of independence.

They must be men and women known not to engage in active political party activity and association.

They must be men and women of high integrity, with demonstrable track record in their professional careers, hence underlining their capability to serve public interest.

Anyone with a shred of evidence that raises doubt over their ability to maintain independence or create perception that they are captive of vested interests must be reason enough to call for more critical appraisal, as such people should not have a role in these positions of great national trust.

Skills and integrity

Secondly, the process of recruitment of commissioners must be left to the delegated Selection Panel led by Dr Ekuru Aukot, and which must act to defend their independence from being captured in any way by vested political actors.

The interviews of shortlisted candidates for the positions of IEBC commissioners started on Monday, but the political class have raised concern over some of those who missed out on the shortlist.

The pertinent question remains: Is it really up to the political class to decide who should or should not be shortlisted in a process that has a designated Selection Panel?

Is it up to political parties — who are actors in the election process — to choose those to be appointed as referee and supervisors of elections they participate in? Why? History has shown us that meddling in elections starts with controversy in the appointment of commissioners.

The former Electoral Commission of Kenya acted in a manner that did not engender public trust and confidence in the body as a fair and independent supervisor of polls.

We now know the consequences — which put our country on the brink of social, economic and political collapse.

Thirdly, the IEBC Selection Panel must ensure that those interviewed and eventually proposed for approval by Parliament, as chairman and commissioners of IEBC, are men and women of diverse skills and integrity that meet the dictates of the Constitution.

It is instructive that the Constitution itself talks of need to assure continuity and retention of expertise and experience.

Thus, it is our expectation as a people that Aukot’s panel will satisfy and engender public trust by acting resolutely against any intimidation efforts from political quarters.

Thus far, the panel has demonstrated that it is up to the task and will not yield to political pressure.

Past mistakes

It is expected that such crucial body like the IEBC will of necessity attract political interest, but such interest must not be allowed to compromise the process and undermine democratic progress of the nation.

It matters little who eventually becomes IEBC Chairman or who the commissioners will be, so long as such nominees can protect public interest with respect to management of election processes leading to credible results.

We must never again allow the mistakes of the past to recur but the lessons of hindsight should inform our present and future decisions.

Indeed, this the minimum expectation of the people of Kenya as regards building enduring pillars for a credible IEBC to manage the next General Election in 2012 and beyond.

To this end, we the people of Kenya should put our trust in Aukot’s team, which now holds the key as to who becomes the IEBC Chairman or Commissioner, this being a compelling public interest matter.

The author is an opinion leader who prefers to remain anonymous.

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