Exit of IEBC commissioners likely to take longer

The nine electoral commissioners could still be in office on October 4 despite pressure from the Opposition that they leave sooner.

Mr Ahmed Issack Hassan, the chairman of the Independent Electoral and Boundaries Commission (IEBC), on Monday revealed that he and his team are unlikely to leave office before October 4 because that is the day the law paving the way for their exit will come into force. However, some of the commissioners have already started packing, ready to leave as soon as a deal is reached.

Officially, October 4 is the day when negotiations for their resignation are expected to commence. However, the talks have commenced with various state agencies holding meetings to discuss the send-off package for the nine commissioners. However, if the talks are not concluded by that day, the commissioners will remain in office longer.

On Monday, Mr Hassan appeared before the Senate County Public Accounts and Investments Committee, and informed the members that the Election Laws (amendment) Act — which paves the way for the exit of the commissioners — would take effect from that date and that proper discussions would then begin.

The senators had asked him how the negotiations were faring and whether those tasked with handling the matter were cooperating.

“You graciously accepted to vacate office and we are grateful for that. We would like to know if the Attorney-General, the Treasury and the Salaries and Remuneration Commission have been facilitating your exit,” said Kakamega Senator Boni Khalwale.

EXIT PACKAGES

Mr Hassan said the offices that were preparing their exit packages had informed them that they were waiting for the law to take effect so as to engage them officially.

“The Treasury, the Attorney-General and the Salaries and Remuneration Commission have been cooperative. But they have told us that they will not hold any official talks on our exit until the law takes effect,” he said.

Once the law is activated and the current commissioners have left, the President will be required to name a selection panel that will select new commissioners. This team must start work within 14 days after the seats are declared vacant. The panel will send the identified names to the President, who will then forward them to the National Assembly for approval.

On Sunday, ODM leader Raila Odinga had demanded that the commissioners must quit by Saturday. However, that may not happen if they go by what Mr Hassan told the team chaired by Kisumu Senator Peter Anyang’ Nyong’o.

Although Mr Hassan said they had agreed on a negotiated exit, he added that he still held “strong sentiments” on how the matter had been handled but would respect what had already been decided. He said the new law had not indicated clearly how the current team was supposed to hand over to the incoming one.

“The mechanism for transition has not been indicated in the new law. There is a lacuna in the way transition should happen. We are hoping that there will be a quick hand-over before we leave,” he said.

The committee had invited the electoral team to appraise it on various issues touching on the 2017 General Election, including the commission’s preparedness to hold a free and fair poll, the eligibility of governors who have failed to clear audit queries and the IEBC’s readiness to hold party nominations.

Only Mr Hassan and his deputy, Ms Lilian Mahiri-Zaja, appeared before the senators on Monday. Mr Hassan told the lawmakers that the other commissioners were not available because they were already preparing for their exit.

“I had expected that we would all come but as you know there is a lot going on. Other commissioners are packing and they were not available,” he said.

Last August, the commissioners agreed to resign, but demanded that their exit be a dignified one. This followed street protests organised by Cord leaders and their supporters in a bid to force the commissioners out before the end of their tenure.

On Monday, Kiambu Senator Kimani Wamatangi asked Mr Hassan to give an honest view on the country’s preparedness to hold the 2017 elections, considering the proposed changes at the helm of the electoral commission.

“The election date cannot be changed. It is in the Constitution. We hope the next team will take over soon to continue with the preparations,” Mr Hassan said.