IEBC officials fail to officially tender resignations despite agreement

Ahmed Issack Hassan (left), the chairman of the Independent Electoral and Boundaries Commission and its vice-chairperson Lilian Mahiri-Zaja (next to him) before Senate's Public Accounts and Investments Committee at Parliament Buildings on September 26, 2016. PHOTO | DIANA NGILA | NATION MEDIA GROUP

What you need to know:

  • The Nation has established that Independent Electoral and Boundaries Commission officials held a midmorning meeting at the body's headquarters.
  • What they discussed has not been disclosed

The nine electoral commissioners failed to officially tender their resignations on Tuesday despite an agreement with the government’s negotiating committee to do so on the day the new law on elections took effect.

The Nation however established that the commissioners held a midmorning meeting at the Independent Electoral and Boundaries Commission (IEBC) headquarters. Although what they discussed has not been disclosed, State House confirmed that it had received their resignation letters.

IEBC Chairman Ahmed Issack Hassan, deputised by vice-chairperson Lilian Mahiri-Zaja, heads the electoral body that also has commissioners Albert Bwire, Kule Godana, Yusuf Nzibo, Abdulahi Sharawe, Thomas Letangule, Muthoni Wangai and Mohammed Alawi.

The matter is generating anxiety in the country – especially in regard to the anticipated electoral reforms, missed deadlines and preparations for the second General Election under the 2010 Constitution.

The Elections (Amendment Act) 2016 came into effect on Tuesday even as challenges occasioned by missed deadlines are expected to disturb its operationalisation.

National Treasury Cabinet Secretary Henry Rotich told the Nation from Washington, where he arrived for an official visit on Tuesday, the negotiating team had agreed with the officials to resign by Tuesday.

“We had an agreement that they needed to resign by Wednesday, at least formally, but they will leave office on the day the new commissioners take over to ensure there is no vacuum,” said Mr Rotich.

The CS explained that the government and the commissioners had agreed on an exit package.

“The actual amount to be paid is being computed,” said Mr Rotich. “The payments will factor in four issues — remainder of the period before the expiry of their contract, which is 12 months; a 31 per cent gratuity; remaining leave days; and ex-gratia.”

Mr Rotich however said that, even if the commissioners resign, they will not be paid until they actually leave office. He hinted at a delay as a new Chief Justice will have to be in office to swear in the new commissioners and a recruiting panel as proposed by the parliamentary committee, as well as a proper recruitment programme, in place.