Court stops recruitment for post of IEBC chief executive
What you need to know:
- Justice Hellen Wasilwa of the Employment and Labour Relations court said the commission’s advertisement for the position needs to be scrutinised by the court, since it contains more provisions.
The commission, through Chairperson Wafula Chebukati, published the notice inviting interested people to apply for the position of CEO/commission secretary, by Wednesday, January 31, 2019.
A judge on Thursday stopped the ongoing recruitment for the position of chief executive officer for the Independent Electoral and Boundaries Commission (IEBC).
Justice Hellen Wasilwa of the Employment and Labour Relations court said the commission’s advertisement for the position needs to be scrutinised by the court, since it contains more provisions than provided for in the law.
DISCRIMINATORY
The judge said Section 10(2) of the IEBC Act stipulates the requisite qualifications for the commission’s secretary, and that the qualifications are stated in mandatory terms, so there should be no “regression, addition or subtraction to the said qualifications”.
The commission, through Chairperson Wafula Chebukati, published the notice inviting interested people to apply for the position of CEO/commission secretary, by Wednesday, January 31, 2019.
But a Mr Henry Mutundu moved to court to stop the process, arguing that the position is underpinned by specific statutory provisions.
He said it is a position of high trust meant to advance electoral democracy, so the recruitment should be beyond reproach. He argued that the recruitment was not open, transparent, competitive and accountable as required by the Constitution.
Mr Mutundu, a voter in Masinga, Machakos County, added that the requirement of 15 years proven relevant experience is contrary to section 10 of the IEBC Act, which requires a minimum of five years’ experience.
He further said that the requirement that one must be at a senior management level, preferably the public sector, is discriminatory. He said increasing the number of years of experience violates Article 27 of the Constitution and will lock out Kenyans who would have otherwise been qualified to apply for the position.
PRIVACY RIGHTS
Mr Mutundu also faulted the IEBC stipulation for shortlisted candidates to undergo security clearance by the National Intelligence Service (NIS) over and above the DCI and EACC. This, he said, contradicted the Constitution and threatened his rights to privacy.
He added that security clearance is only needed for people seeking to join the service, not the IEBC CEO. If not challenged, Mr Mutundu said, the move could set the stage for gross violation of fundamental rights because candidates might not have an opportunity to defend themselves.
The IEBC, he said, is supposed to be independent from Executive control and security clearance is an affront to its independence.
Mr Mutundu said that the failure to publish the list of applicants with the documents submitted immediately following the deadline violates Article 35(3) of the Constitution as it limits the public’s right to access of information.
The IEBC opposed the application, saying, it had resolved to engage an independent and reputable firm to do the recruitment. Procuring the services, IEBC said, is currently going on.
The application is based on unfounded apprehension since the recruitment is still ongoing and the commission cannot, at this point, do the short list, pending the conclusion of the tendering.
The IEBC defended 15 years’ experience, career development in electoral management, public administration, law and political science as necessary because of the magnitude of the responsibilities bestowed upon the commission secretary. The sensitivity of the position also called for a background check by the NIS.
