ECK plans to sue if sacked

Members of the Electoral Commission of Kenya plan to sue the Government over plans to remove them from office.

Sources told the Nation that they have started contributing money to hire lawyers to take the matter to court. A senior officer is reportedly handling the funds.

The decision to sue was reached at a meeting that also saw the commissioners rebuff plans to replace them through a change in the Constitution.

Stormy meeting

During the stormy meeting this week, the commissioners resolved to challenge in court any proposal to remove them without following the law.

A Government draft Bill proposes their replacement with a leaner Interim Independent Electoral Commission of not more than five commissioners, including the chairman.

It will have a life of up to 15 months or three months following the enactment of a new constitution.

The Nation learnt that the commissioners decided to fight such proposals unless they were paid what is due to them were they to serve their full term in office.

The lawyers will argue in court that according to the provisions of Section 41 of the Constitution, they are constitutional office holders who can only be removed through a tribunal.

The removal of ECK commissioners is governed by Section 41 of the Constitution.\

As constitutional office holders, their removal, like that of judges, can only be effected by a tribunal appointed by the President or they can voluntarily resign.

Flawed elections

According to the Kriegler report, the 22 commissioners earn a total of about Sh100 million a year, which translates to Sh500 million for five years.

If they succeed in their bid to be paid, then the nine new commissioners appointed by President Kibaki last year would receive a handsome send-off package as they still have close to four years to serve.

Meanwhile, junior staff members of the ECK have complained that the new draft Bill plans to kick everyone out of office, yet they played no major role in the flawed elections.

They said they should not be victimised for the shortcomings of the commissioners and senior staff members.