IEBC mess a case of too many cooks spoiling the broth

The Kenyan African population first voted in 1957, in legislative elections, though the first poll in the British colony took place in 1920.
Kenya, like many other African countries, has had less than two decades of experience with multiparty elections. Since the reintroduction of multiparty politics in 1992, successive electoral bodies have always made gaffes, the years of efforts to restructure the electoral system, notwithstanding. This is in spite of there being legal frameworks and institutional mechanisms for the preparation of elections.
Despite adopting in 2010 a progressive Constitution, and making strides in democracy, the price tag for running an election has in the recent past been intensifying — thanks, in part, to higher registration costs, administrative disorganisation and corruption and, specifically, the running of the Independent Electoral and Boundaries Commission (IEBC). For instance, in 2013, the new $95 million (Sh9.5 billion) biometric voter registration crashed in the last instance, threatening to ruin the elections.

INTERESTS
Last year’s elections cost Kenya over $1 billion (Sh100 billion), for 19.6 million voters. Themed to be the most expensive election in Africa in aggregate spent and, probably, on a cost-per-voter basis calculated at $25.4 (Sh2,500) per voter — compared to Rwanda’s $1.01 (Sh1,000). This cost goes to meet the IEBC’s expenses, hire personnel, procure election materials and handle voter education besides collecting and transmitting results.
The IEBC is responsible for the administration of the general elections. But when, recently, three commissioners — the deputy chairperson, Ms Connie Nkatha Maina, Mrs Margaret Mwachanya, Dr Paul Kurgat — resigned, they claimed: “The institution has continued to be dysfunctional, with arbitrary decision-making, leaking of internal documents … and pursuing of personal interests.”
That was after the chairman, Mr Wafula Chebukati, suspended the CEO, Mr Ezra Chiloba. Earlier, another commissioner, Dr Roselyn Akombe, resigned for similar reasons. That leaves Mr Chebukati and two commissioners in office, out of seven.

LAWSUITS
Since the IEBC as currently constituted cannot raise the requisite quorum to conduct business. This raises new but remarkable legal and practical ramifications for the country and, poignantly, our preparedness for the pending by-elections, scheduled electoral boundaries review and the 2022 General Election.
By end of last year, it had more than 300 lawsuits to encounter. Its governance structures have always been unstable and unpredictable.
Now compare the IEBC with the Election Commission of India (ECI). With all the powers that it needs, and famed for organising the biggest election in the world for a colossal population of 810 million and a price tag to match, the ECI has only three commissioners. Compare that to the IEBC’s seven commissioners for a population of just over 40 million Kenyans.

INDIA
CNBC quoted former US President Barack Obama as saying he “accepts that Indian elections are the best in the world and the world should learn from ECI. … the electoral process is unlikely to be questioned by the losers — the vote is one of the few things in Indian bureaucracy that remains transparent, because of intense scrutiny from the voters and the world at large.”
The ECI is the agency constitutionally mandated to manage its country’s elections. Established in 1950 to promote the democratic practice in India, it is authoritative and pivotal in matters of elections. But in a country six times geographically larger than Kenya, the ECI has only three members — a Chief Election Commissioner and two commissioners. The last two are appointed by the President for six-year terms and cannot be sacked, save by parliamentary impeachment.
India’s election encompasses roughly 700 million voters spread over 700,000 polling stations in diverse geographic, political and climatic environments. The 2014 General Election cost $5 billion (Sh500 billion). Kenya had 380,000 election officials for 60,000 polling stations.

TEMPORARY
The Chief Election Commissioner’s salary is $3,800 (Sh380,000), compared to IEBC’s Sh630,500.
The ECI has a secretariat of over 300 staff. Each state has a chief electoral officer with a centre staff, and civil officers undertake the tasks of election officials at the district and constituency levels. It also hires, during the general elections, an enormous team of temporary workers, often around five million people, to conduct the polling.
At the IEBC, the ‘too many cooks’ policy in the Chebukati board and departments overseeing a single electoral management task spoil the broth. It is unnecessarily big.

Ms Chege, an advocate of the High Court of Kenya, is a democracy and governance specialist. [email protected]