Interim electoral team lobbies MPs to retain posts

Serious in-fighting has erupted at the country’s elections body as commissioners lobby politicians to be retained in the soon to be formed Independent Electoral and Boundaries Commission.

Interviews with insiders at the Interim Independent Electoral Commission revealed that the jostling among the commissioners has assumed serious urgency following reports that debate on the bill to establish the new electoral body will start on Tuesday, leading to the formation of the IEBC by mid-May.

On Saturday, Justice Minister Mutula Kilonzo confirmed that the Electoral and Boundaries Commission Bill will be tabled in Parliament for debate on Tuesday.

A draft bill, prepared during a workshop bringing together members of the Interim Independent Electoral Commission, the Legal Affairs Committee, the Commission for Implementation of the new Constitution, the Ministry of Justice and the Kenya Law Reform Commission in late February had proposed that four of the nine commissioners to the IEBC be reserved for those who have served at the IIEC and the defunct Interim Independent Boundaries Review Commission.

However, this is not reflected in the final draft published early this month.

Instead, the bill only states that the appointment of the IEBC Commissioners will be competitive and that the selecting, vetting and appointing bodies will take into regard Article 28(2) of the Sixth Schedule of the Constitution which states: “When members of the Independent Electoral and Boundaries Commission are selected, regard shall be had to the need for continuity and the retention of expertise and experience.”

Pre-empting debate

MPs from both ODM and PNU, who sought anonymity so as not to be censured for pre-empting debate in Parliament contrary to the Standing Orders, revealed that there was mutual agreement that the current chairman of the IIEC, Ahmed Issack Hassan be retained as chair of the IEBC due to his “exemplary leadership and non-partisan nature.”

“There is agreement across both sides that we retain Issack, he has done a marvellous job, you can also not accuse him of being pro-ODM or pro-PNU in the way he has conducted by-elections and the referendum. You can also not say he is a Kikuyu or a Luo or a Kalenjin,” said a nominated MP privy to the push to have Mr Issack retained.

But a letter believed to have been authored by officials at the IIEC Secretariat questioned the credibility of Mr Issack and a section of the commissioners said to be eyeing positions in the IEBC.

The letter accuses Mr Issack of having undermined former Constitution of Kenya Review Commission chairman Prof Yash Pal Ghai when he served as a commissioner.

It points to an incident when Mr Issack and other anti-Ghai commissioners visited former President Daniel Moi to discuss ways of undermining the chairman and scuttling the constitution review process.

It also questions his membership of the Commission of Inquiry into the activities of the Artur brothers, attributing it to his connections with the Kibaki regime.

Serious gaps

“Mr Issack’s leadership at IIEC too has been characterized by serious gaps in judgment coupled with a string of acts and omissions that leave a lot to be desired,” the letter states.

The letter further accuses three IIEC commissioners of using their political connections to attempt to influence the results of the South Mugirango, Kirinyaga Central and Juja by-elections in favour of some candidates.

We could not reach either Mr Issack or IIEC Chief Executive James Oswago to respond to the accusations as their phones went unanswered but one commissioner, Ken Nyaundi, defended the commission’s integrity and denied that there was lobbying for positions in the yet to be formed electoral body.

“What I know is that this is the only commission that does not manifest any political leanings in its work. I am not aware that people are lobbying for re-appointment. The bill itself emphasises merit and not political leaning” Mr Nyaundi stated.

Mr Kilonzo warned against any political wheeler dealings in the appointments to IEBC, saying such acts had led to the bungled 2007 election.

“I am not aware of those games to influence the appointment of this or that commissioner and my word to those who are playing those games is that they be aware of the dangers of politicising appointments,” he told the Sunday Nation