Electoral commissioners’ exit deal sets stage for fresh team

An exit package deal for electoral commissioners was on Friday signed, paving the way for a new team to take charge of next year’s General Election.

The agreement between Government officials and the commissioners was estimated at Sh280 million but the details will be released to the nine commissioners on Monday, according to Treasury Principal Secretary Kamau Thugge.

The Issack Hassan-led Independent Electoral and Boundaries Commission will stay for at least two months past the scheduled October 4 date.

They will be in office up to late November or early December when a new team is expected to be formed.

The long-awaited deal was announced as ODM on Friday threatened to go back to the streets in the next 10 days if the commissioners were still in office by Monday.

Speaking at Ilmashariani grounds in Narok a few minutes before the deal was announced, ODM leader Raila Odinga said that the Hassan team must leave immediately.

Mr Odinga told the rally: “Nataka wakenya wote kutoka Mandera, Isiolo, Samburu, Kajiado na pande zote za Kenya, wajihami na mikuki, mishale, na silaha zote tuende huko Nairobi na tutoe hiyo committee ya Hassan kwenye ofisi,” (I am calling on all Kenyans from Mandera, Isiolo, Samburu, Kajiado and elsewhere in Kenya to arm themselves so that we go to Nairobi and force Hassan’s team out of office),” he said.

The deal was reached after high-level discussions that followed what was charged bi-partisan negotiations of the Joint Parliamentary Select Committee that had recommended that the team leaves by September 30.

Announcing the agreement at Harambee House, Treasury refused to reveal how much the commissioners will get as remuneration, but Dr Thugge said they would follow some guidelines in coming up with the package.

He said they would consider the unexpired term of contract of the commissioners, who were due to leave office in November 2017, the constitutional gratuity of 31 per cent of their annual salary for the years served, any unpaid leave and negotiated ex-gratia deal.

AMOUNT NOT DISCLOSED
The nine commissioners receive a total of Sh82 million as a basic salary annually, besides Sh50.8 million in allowances, translating to Sh11 million for the team monthly, based on budget estimates on their remuneration.

Considering that the team still had 14 months in their contract having entered office in November 14, 2011 on a six-year deal, the government still owes them a total of Sh152.6 million until November 2017.

As for the gratuity calculated at 31 per cent of their annual salary for the five years served, the commissioners will get a further 127.1 million, bringing the total to Sh279.7 million.

Dr Thugge and Chief of Staff and Head of Public Service Joseph Kinyua insisted that the salaries of the commission and what they would get was private and would not be revealed, safe for the nine who will know their figures on Monday.

Mr Kinyua said the deal was guided by the need “for a seamless transition at the IEBC as well as the necessity for the country to have the General Election proceed on schedule”.

“The negotiations have been guided by the need to strike a balance between public interest, legal and constitutional demands, the contract of appointment to the office of each commissioner and the guidelines of the Salaries and Remuneration Commission,” Mr Kinyua said.

“The process was not geared towards any party emerging as the winner, but rather as an objective endeavour towards securing a dignified vacation from office in line with the unanimous resolution of Parliament,” he added.

Also present at the press conference were Treasury Cabinet Secretary Henry Rotich, Salaries and Remuneration Commission Chief Executive Anne Gitau, Interior PS Karanja Kibicho and Solicitor-General Njee Muturi.

Mr Hassan said his team was happy with the package and he thanked Kenyans for allowing them to serve for five years.

“We are grateful for the privilege to serve, and notwithstanding the extraneous circumstances that have necessitated our vacation from office, we acknowledge that the country’s socio-political and economic stability is paramount, over and above our individual pursuits,” Mr Hassan who was accompanied by his colleagues Mohamed Alawi and Thomas Letangule said.

THE GENESIS
Other commissioners are Lillian Mahiri-Zaja (vice chair), Albert Bwire, Abdullahi Sharawe, Kule Godana, Muthoni Wangai and Yusuf Nzibo.

“We reiterate our position that the current commissioners are not a stumbling block in the preparation of the next General Election. The speedy outcome of these negotiations is an attestation to this commitment,” said Mr Hassan.

The commissioners were hounded out of office after the opposition staged five weekly protests, accusing the team of bias and incompetence in the 2013 polls.

The 14-member joint select team co-chaired by Meru senator Kiraitu Murungi and his Siaya counterpart James Orengo was created and its report passed unanimously by the two Houses.

Following their exit, all eyes will now focus on the nine-member selection team.

Mr Hassan on behalf of the other commissioners, called for a quick selection process, saying they did not want to stay in office for longer than was necessary.

Additional reporting by George Sayagie