IEBC in limbo as donors withhold funds over wrangles

IEBC Chairman Wafula Chebukati (right) confers with Commissioner Yusuf Guliye when they appeared before the Constitutional Implementation and Oversight Committee on June 12, 2018 over the review of boundaries issue. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • The IEBC accused UNDP of withholding the funds to side with Mr Chiloba because he is their former staff.
  • The electoral commission has had no peace since the August 2017 elections when the opposition accused it of bungling the polls.

The chaos that have come to be synonymous with the electoral body could only get worse with word that international donors could be holding back over the instability at the commission.

The Independent Electoral and Boundaries Commission (IEBC) has lately been short of funds for key programmes such as the post-election evaluation, while it also remains uncertain if the donors will commit their money to the boundaries delimitation given the war of attrition at the agency.

The shortfall of funds from the international donors has this weekend forced the commission to ask staff of the rank of managers and above to travel by road and use their own resources to pay for accommodation during the regional clusters to deliberate on the initial post-election evaluation report.

The regional clusters — a conglomeration of counties – which begin today, will run until Wednesday in Mombasa, Nakuru, Nyeri, Kisumu and Eldoret.

FINANCES

The Sunday Nation has learnt that support to Elections Processes in Kenya (SEPK) project, which is managed by the United Nations Development Programme (UNDP), has not released funds to IEBC because “the commission is unstable”.

And with the National Treasury also heading towards closing the financial year, IEBC has been short of funds to buy the air tickets and pay for accommodation for its staff attending the regional forums, Sunday Nation has learnt.

Both commission Chairman Wafula Chebukati and acting Chief Executive Officer Hussein Marjan did not respond to our queries.

CHILOBA TOPIC

However, Commissioner Boya Molu refuted the claims but hinted at some financial constraints.

“There are challenges here and there including constrained resources, but this is not peculiar to IEBC.

"The entire public sector is instituting cost cutting measures in services and operations, and the Chairman (Wafula Chebukati) is on record saying we will work to reduce the cost of elections,” he said.

“No member of staff has been asked to meet his/her expenses,” Mr Molu said.

But this differs from what Sunday Nation was able to gather from the staff.

The Nation learnt that a meeting between UNDP officials and IEBC shortly after CEO Ezra Chiloba was sent on compulsory leave in April was marked by tough talk.

The commission, according to insiders, accused UNDP of withholding the funds to side with Mr Chiloba because he is their former staff.

BOUNDARIES DELIMITATION

Prior to joining IEBC, Mr Chiloba, who is now on suspension, worked with UNDP and in the run up to the 2013 elections, he was the liaison between IEBC and the UNDP, which manages the donor basket fund.

The lack of donor support, even if temporary, has also raised questions whether they will support IEBC’s next big project — boundaries delimitation.

But Mr Molu said that should not be a concern to anyone.

“The boundary delimitation exercise begins in earnest after the census planned for next year, and thus the question of funding is not an issue yet.

"It is important to note that not all activities are donor funded. The boundary delimitation is a core activity of GOK (government of Kenya),” he said.

INTERFERENCE

According to the commissioner, UNDP, under the SEPK, and the International Foundation for Electoral Systems, normally pay for services directly to providers, which makes it difficult for IEBC to know the actual size of their support in absolute figures.

“The support on post-election evaluation and learning on the 2017 Election Dispute Resolution process to be undertaken with various judicial branches is over $10,000 (Sh1 million). We have a memorandum of understanding with them, and that is what we are implementing,” Mr Molu said.

Former IEBC Chief Executive Officer James Oswago said UNDP could just be communicating the donors’ concerns since the agency on its own cannot refuse to release the funds to IEBC.

“All the donors have equal say over the basket fund,” Mr Oswago said.

According to Mr Oswago, that UNDP can withhold the funds to IEBC and paralyse programmes “tells you that donors can manipulate processes at IEBC”.

FLAWED ELECTION

But the former IEBC boss pleaded with the donors to reconsider their stand.

“Donors should not look at IEBC as individuals running the commission, but instead focus on the system,” he added.

The UNDP-managed basket receives funds from United States Agency International Development, United Kingdom’s Department for International Development, European Union (EU), Embassy of Ireland and Embassy of Italy among other bilateral donors.

The electoral commission has had no peace since the August 2017 elections when the opposition accused it of bungling the polls.

What followed were internal fights, resignations and now the suspension of Mr Chiloba.

Former commissioner Roselyne Akombe resigned on October 17, 2017, just days to the repeat presidential election held on October 26.

RESIGNATIONS

Days after IEBC sent Mr Chiloba on compulsory leave, three commissioners: Vice-Chair Connie Maina and commissioners Paul Kurgat and Margaret Mwachanya announced their resignation, saying they did not have faith in Mr Chebukati’s leadership.

The resignation of the three commissioners left the IEBC without the quorum needed to transact business of the commission. The law requires that for the commission to transact any business, there should be at least five commissioners.

Presently, there are only three commissioners; Mr Chebukati, Prof Abdi Guliye and Mr Boya Molu.

The lack of quorum at the commission could not have come at a worse time for the country as the courts are just concluding election petition appeals, some of which have resulted in orders for by-elections.

BY-ELECTION

A voter, Mr Isaiah Biwott Kangwony, in June sued IEBC seeking to halt preparations for various upcoming by-elections scheduled for August 17 over IEBC’s lack of quorum to transact business, including setting dates for by-elections.

With the death of Migori Senator Benard Oluoch Okello, another by-election is also looming besides others that could come as a result of court decisions, and which could leave IEBC in a quandary over the conduct of fresh elections in the affected areas.

Meanwhile, Mr Chiloba has gone back to court after he was suspended.

The CEO had been sent on compulsory leave in April, which prompted the first court battle between him and the commission, but which ended in his favour.

But hardly had the Employment and Labour Relations Court rendered its decision on Mr Chiloba’s case when Mr Chebukati slapped him with a letter of suspension to allow for conclusion of an audit, and for having sued the commission contrary to the provisions in his letter of contract.

LOCKED OUT

When Mr Chiloba went to Anniversary Towers this week, he reportedly found new locks fixed to his office door.

He said he had been told that Mr Chebukati had travelled out of the country with the keys.

But in a quick rejoinder, IEBC tweeted that "It's just some coincidence that Chebukati was away. He is the chairman, he does not carry any office keys. He is not the janitor."

The IEBC chairman also used his personal twitter handle to respond to the claims that he had travelled with the keys.

"I was going to joke that my wife has them in her handbag, but this is the correct position."