Disgraced judge goes for top ECK job

Samuel Oguk who resigned in disgrace, is among 43 people who have applied for Mr Samuel Kivuitu’s job as elections boss.

He resigned as a judge of the High Court in March 2003 after being charged with fraud amid allegations of accepting favours from Goldenberg architect Kamlesh Pattni whose case was before his court. He became the first sitting judge in Kenya to face criminal charges.

Other applicants include a former Speaker of the National Assembly, a retired military officer and top lawyers.

Vacant position

Mr Francis ole Kaparo, a former long serving House Speaker, chief magistrate Uniter Pamela Kidula, former Kenya National Commission on Human Rights chairman Maina Kiai and former Electoral Commission of Kenya vice-chairman Gabriel Mukele are among the applicants for the vacant position of chairman of the Independent Electoral Commission.

The qualifications for the job have been tightened and a candidate for commissioner is required to satisfy both moral and academic qualifications.

For a person to be a commissioner he or she must have a degree from a recognised university and must be of high moral character and integrity. The chairman’s position requires a person qualified to hold office of judge of the High Court.

Others whose names feature in the application list, sources familiar with it said, include former commissioners to the Constitution of Kenya Review Commission Mutakha Kangu and Ms Alice Yano.

Former executive director of the Institute of Education and Democracy and now UNDP consultant, Dr Koki Muli, as well as the former managing director of Kenya Seed Company, Dr Nathaniel Tum, are also interested in leading the new body.

It is also understood that lawyers Wachira Maina — a consultant with the Government of Rwanda — Cecil Guyana Miller, Evans Ogeto and retired Major James Oswago have also put in their applications, as well as a retired primary school head teacher.

Another 2,450 people have applied for the eight positions of commissioners. There will be a commissioner from each province.

The applicants include retired judges and lawyers who also want to be considered for the position of commissioners to the Independent Boundaries Review Commission and as judges in the Interim Independent Constitution Dispute Resolution Court. Former MPs and diplomats have also expressed interest in serving on the new electoral and boundaries commissions.

The boundaries commission will review administrative and electoral boundaries, while the interim court will hear disputes arising from the constitutional review.

The process of appointing the officials is an interesting experiment in which Parliament, for the first time, is playing a leading role. The Parliamentary Select Committee on the Constitution will short-list the candidates before interviewing them.

PSC is expected to pick the eight members and the chairperson and forward their names to Parliament for approval. Later, the names will be sent to the President for appointment in consultation with the Prime Minister.

Previously, electoral commissioners were appointed by the President. However, in 1997 a gentleman’s agreement under the Inter-Parties Parliamentary Group gave political parties a chance to nominate members based on the parties’ strength in Parliament.

Their names were later forwarded to the President for appointment. However, in the run-up to the 2007 General Election, President Kibaki ignored the IPPG deal and appointed nine new commissioners without consulting the parties, drawing criticism from the Opposition and diplomats.

The first duty of the new commission will be to establish an efficient and effective secretariat, register voters afresh, and create a new voters’ register.

Free and fair

It will also reform the electoral process and oversee the management of elections, ensuring that they are free and fair. It is also expected to develop a modern system for collection, collation, transmission and tallying of electoral data, a task that the Kriegler commission found wanting in the current team.

The ECK mismanaged the 2007 General Election, culminating in violence in which 1,133 people died and 600, 000 others displaced.

A commission to investigate the conduct of the elections chaired by retired South African judge Johann Kriegler recommended an overhaul of the ECK.

All the three interim bodies — electoral commission, boundaries commission and dispute resolution court — will have a lifespan of two years or will be disbanded if a new Constitution comes into effect before then. Some of the prominent people are in the list of applicants for more than one job.

Disputes court

Mr Mukele, Ms Kidula and Ms Yano, our sources said, are also on the list of candidates for judges of the dispute resolution court, in which 130 people have expressed interest.

Others are retired judges Richard Kuloba, Kassanga Mulwa, Johnson Mitey, Robert Mugo and former CKRC commissioner Nancy Baraza, who is also the deputy chairperson Kenya Law Reform Commission.

Former MPs Peter Maundu, Oloo Aringo, Joseph Kiangoi, Kirugi M’Mukindia, Wanyiri Kihoro, Kihara Mwangi, Christine Mango, Njehu Gatabaki and James Kibicho as well as former post master general Dan Ameyo have also applied for positions.

Former minister Ochillo Ayacko is interested in the position of electoral commissioner while Mr Mathew Adams Karauri and Mr Andrew Ligale want to serve in the boundaries team.

University lecturers Ben Sihanya, Adams Oloo, Steven Kairu, Paul Mbatia and Lumumba Nyaberi, a Kenyan lawyer practising in Canada Miguna Miguna as well as trial attorney in UN International Criminal Tribunal for Rwanda Justus Momanyi Bwonwonga are said to be in the list of applicants.

Civil servants

Names of former vice chancellors Ratemo Michieka (JKUAT) and Ezra Maritim (Egerton), diplomat Maria Nzomo and former CKRC commissioner Domiziano Ratanya also feature.

Others are retired civil servants Esther Tole, Mary Donde Odinga, John Mukuriah (former high commissioner to Pakistan), Abdullahi Sharawe (former permanent secretary and chairman of the Public Service Commission), former PSs Mwanyengela Ngali, Benjamin Sogomo, Peter ole Nkuraiyia and Joseph Kaguthi and Lt Gen (rtd) Daniel Opande. Former ECK commissioner Edward Lopokoiyit is also said to have applied.