Wafula Chebukati’s decision unfair, says Ezra Chiloba

Electoral commission chief executive Ezra Chiloba has questioned the directive by chairman Wafula Chebukati to send him on compulsory leave to allow for an audit of major procurements last year.

On Monday, Mr Chiloba wrote to Independent Electoral and Boundaries Commission vice- chairperson Consolata Maina, who is acting in the absence of Mr Chebukati, expressing concern about the manner in which the decision to make him proceed on leave was arrived at.

“As the aggrieved person in this matter, I wish to state that I am not opposed to proceeding on leave. However, you must bear in mind that there are some procedural gaps in that decision leading to injustice and unfairness,” he said in the letter seen by the Nation.

HANDOVER

Mr Chiloba said he is in the process of preparing a handover report in compliance with the chairman’s memo and notified Ms Maina that Mr Marjan Hussein, the deputy CEO, would take over in his absence.

The CEO also took issue with the fact that the decision was made by Mr Chebukati and two commissioners and that neither he nor Mr Hussein was in the meeting, “meaning that there was no one to take minutes”.

Among the procurements related to the ICT component of the election was a Sh2.4 billion tender to Safran Morpho for the modification of the Kenya Integrated Election Management System kits for the repeat presidential election on October 26.

TENDER

The tender was one of the reasons put forward by Nasa for the withdrawal of their candidate, Mr Raila Odinga, from the repeat election after the Supreme Court annulled the August 8 poll. In its successful petition, Nasa had also sought access to the electoral agency’s servers to help prove its claim that the election was rigged. Nasa said the agency did not fully comply with the order.

In a response, Ms Maina also questions the process leading to the decision to send on compulsory leave Mr Chiloba, whose five-year contract expires in January 2020. “I take note that the memo by the chairman to you was not copied to the commissioners,” she told Mr Chiloba in the memo written on Monday.

Ms Maina, however, said Mr Chebukati had written another memo to Mr Hussein that was copied to other commissioners asking the deputy CEO to include additional resolutions from the Friday meeting in the minutes.

RESOLUTIONS

The “additional resolutions” she was referring to include the decision to send Mr Chiloba on leave. “Unfortunately, I was not at the meeting where the additional resolutions were made. I am made to understand only the chairman and two commissioners were present. With regard to the issues you have raised in your memo, they will be effectively responded to by the chairperson on his return,” said Ms Maina.

On Monday, Mr Chebukati defended the decision, saying it was endorsed by a majority of the members of the commission. “It is important to note that in making the decision to carry out a comprehensive audit, the commission is performing its oversight role to safeguard public resources,” he said.

OFFICIAL DUTY

The chairman left for Nigeria over the weekend on official duty. Friday’s meeting was attended by five of the six commissioners – Mr Chebukati, Ms Maina, commissioners Abdi Guliye, Boya Molu and Paul Kurgat. Ms Margaret Mwachanya was in Dubai on an official assignment.  Ms Maina and Dr Kurgat are said to have walked out in protest when Mr Chebukati introduced the agenda for removal of the CEO.

Another commissioner, Dr Roselyn Akombe, resigned and fled the country last year ahead of the repeat presidential election.

AUDIT REPORT

“The commission’s plenary meeting held on Friday April 6 received and discussed an audit report on some procurement matters. Subsequently, it was decided through a majority voting to expand the audit scope and that the CEO proceeds on compulsory leave for a period of three months to enable conclusion of the audit,” Mr Chebukati said in a press statement.

Mr Chiloba has survived several attempts to oust him, the latest being last month when the board was split down the middle with three for and three against his removal. The scales against him this time round appear to have been tilted by Ms Mwachanya’s absence. The audit will be undertaken by the Office of the Auditor-General.