Political settlement will yield smooth exit

Months of witch-hunt, name calling and outright grand standing has borne one political reality ahead of 2017 General Election.

The reality is that the Independent Electoral and Boundaries Commission (IEBC), in its present state, cannot preside over elections that a majority of Kenyans would believe to be free and fair.

For us in Jubilee, it has never been whether the IEBC should be overhauled, but rather, how it should be sent home.

And in any case, I have never seen the import of just sending people at the top home and leaving the secretariat which, in essence, runs the whole electoral process.

My submission is that the law is on the commissioners’ side. Kenyans were duped to believe that creation of a Cord-Jubilee Parliamentary select committee on the IEBC exit was a sure way to break the torturous IEBC stalemate.

However, my take is that the select committee chaired by senators Kiraitu Murungi and James Orengo is chasing the wind. Its recommendations are likely to fly into cross purposes with the work of the Joint- Legal Affairs Committee on the same matter.

The Kiraitu-Orengo committee lacks the requisite political back-up because its formation was in the first place meant to cool political temperatures outside Parliament.

Majority of its membership is deficient of the necessary experiential capacity and legal know how to successfully dissect the matter at hand to the satisfaction of the public.

This committee is unlikely to carry the day when its report lands in Parliament. It seems they have realised this and that is why on Wednesday, the joint chairs expressed concern at the need to seek political support from both Speakers and coalition leaders. I believe their work won’t bear the desired fruits.

I vouch for a political settlement in this saga. The Parliamentary route will only open new grounds on the illegality of the commissioners’ removal. For example, the Legal Affairs committee is interrogating a petition against the commissioners filed by one Kenyan.

This route is very complicated. Even if the commissioners were found culpable in the allegations filed, Parliament would have to recommend a tribunal. Each commissioner can legally seek a sole tribunal. The law doesn’t envisage a probe on commissioners as a whole, but on each as an individual.

This scenario can only breed acrimony and risks shredding the integrity of the commissioners and the institution. We must guard against this situation because it will have dire ramifications on the confidence and impartiality of future polls chiefs.

POLITICAL PRAGMATISM

This intricate matter will require political pragmatism, diplomacy and nationalism. The commissioners must never be hounded out of office by being taken through a process whose outcome is pre-conceived and seen more as a formality than an actual probe of electoral malpractice.

The commissioners have spoken many times about being torn between fighting for their survival through the constitutionally recognised structures or calling it quits.

Many have offered to exit but what they have not been assured of is how this decision will leave their integrity intact and their career futures secured. We must explore the possibility of a political settlement rather than a parliamentary-induced legal process.

At the moment, a parliamentary committee probing the same issue is wasting precious time towards re-constitution of a new elections agency.

We are running against time. The polls are only a year away and the strict election timeline will begin to click away in a few months.

We must acknowledge that one of the biggest obstacles to a mutually acceptable electoral process in 2013 was poor preparation. With 2017 expected to be an even more digital election, it will only be tenable to have a new polls body by January.

It can be done. Parliament, and in this case, the Justice and Legal Affairs committee should fast-track a political deal with the commissioners and desist from any adversarial and counterproductive approach.

It is a time to respect and uphold the integrity of public servants who have to leave office for a compromise political environment.

It is only advisable to have parliamentary structures awaken to the reality that this IEBC circus can only continue endangering our enduring peace and stability ahead of the 2017 polls. The earlier this stalemate is settled, the better for everyone.

Mr Mositet is the Kajiado senator; [email protected]