ODM VS PNU

The integrity of the Interim Independent Electoral Commission (IIEC) could be called to question even before it is put to test after sharp differences emerged between coalition partners, Orange Democratic Movement (ODM) and Party of National Unity, over the appointment of a senior staffer to the electoral body that replaced the defunct Electoral Commission of Kenya (ECK).Prime Minister Raila Odinga’s ODM is demanding an explanation on the merits that led to the appointment of Mr Kennedy Kihara as the Secretary of the new interim elections body without competitive bidding.

Prior to his appointment to head the IIEC secretariat, Mr Kihara served in the Office of the President as a Deputy Secretary and Director of State Functions.And now ODM is incensed that Mr Kihara is now serving in two positions—at OP and the Commission. ODM is further concerned by Kihara’s apparent omnipresence in electoral matters given that he presided over the disbandment of ECK.The Orange party argues that as the Chief Executive Officer of the electoral body, such an officer is tasked with managing the daily administrative operations of the Commission, and given the sensitivity of the task at hand in view of events that led to the disbandment of ECK, the person appointed to the position must be above reproach.

A letter from the Prime Minister’s office seen by Kenya Times and which raises ODM’s concerns over Mr Kihara’s appointment reads in part: “As such, he (Secretary) plays the most central role in the actual management of the Commission.” The letter dated August 14, is written by the PM’s advisor on the management of the affairs of the Coalition Government Mr Miguna Miguna and is addressed to the Parliamentary Select Committee (PSC) on Constitution Review Chairman Mohammed Abdikadir.A similar letter is also written to the Chairman of IIEC Ahmed Isaak Hassan raising the same issues.

ODM wants to know from both Mr Abdikadir and Mr Hassan what role the PSC and IIEC, the institutions they preside over respectively, played in the hiring of Mr Kihara.A source said that the handpicking of Mr Kihara went against the spirit of consultation as enshrined in the National Accord that legalized the power-sharing agreement between ODM and PNU, and therefore raising concerns that there are fresh attempts by one coalition partner to influence the operations of the new electoral body with a view to tilt the operations of the Commission in favour of its bidding in the forthcoming political contests.

“We are left wondering whether this is another strategy to replicate the KICC drama by bringing in PNU friendly persons to the commission,’ said a source who sought anonymity because of the sensitivity of the matter.ODM is further asking: “If Mr Kihara was not hired through PSC, the body that oversaw the constitution of the current electoral body, then on what terms did the Hassan-led commission employ his services?”“Can you produce the copy or copies of the terms of service of Mr Kihara with the IIEC?” Mr Miguna’s letter demands.

Mr Kihara was a joint secretary of the Task Force appointed mid-last year to take over the assets of ECK while awaiting the ushering in of the new interim electoral body.The letter notes: “Before staff and commissioners are hired by the IIEC, two vital conditions must be met. Firstly, applicants must not be former employees or Commissioners with the defunct ECK; and secondly, applicants must not, as of date of their application, be holding any position in the public or civil service.”

ODM holds that the disbandment of ECK arose from irregular appointments that resulted into the hotly disputed presidential poll in 2007 general election, and therefore Miguna’s letter poses: “Since Kenya went up in flames in December 2007 because of the manner the defunct ECK mismanaged the tallying and rigged the Presidential elections, do we have confidence that Mr Kihara can do better than Kivuitu?”

Mr Miguna said the appointment of Mr Kihara further violated the laid down laws, regulations and policies “safeguarding against conflict of interest, influence peddling and extraneous political interference.”“Where is the guarantee that IIEC will achieve what ECK failed to do with a more sectarian person in charge of the Commission and the legal, administrative and financial foundations of the IIEC shakier than those of the ECK,” he asked.

The complaints come at a crucial time in the life of IIEC which successfully hosted a National Conference on Electoral Reforms last week promising to be impartial in the discharge of its constitutional mandate.The body succeeded ECK which was disbanded in December last year over mismanagement of the 2007 elections.President Kibaki was accused of unilaterally appointing commissioners to ECK and this was cited as one of the reasons that contributed to the creation of an environment for bugling of the 2007 poll whose results were disputed leading to violent protests that hurtled the country to the brink of civil war.

The present commissioners were competitively picked by PSC. An initial list which had lawyer Cecil Miller at the helm of the commission was rejected by Parliament citing credibility issues.Mr Miguna says IIEC is expected to be independent; arguing that Mr Kihara is inappropriate as he is still substantively employed in the Office of the President.And he has also demanded to know from Mr Hassan whether Mr Kiahara has overseen the employment of other staff, saying this could further polarize an institution whose mandate is very sensitive owing to the manner it was constituted and in view of the circumstances that let to its creation.

As a result, Miguna says, Kihara cannot head the IIEC secretariat while “…serving under a President who happens to be the leader of PNU”. He said IIEC should be independent in the true sense of the word and discharge its functions impartially, fairly, objectively and professionally without inappropriate political party interests or other considerations. Similarly, ODM has raised complaints over other appointments to bodies established to implement Agenda Four under the National Accord. “There have been persistent reports questioning the independence, integrity and impartiality of some of the commissioners, experts, and staff at the IIEC, Truth Justice and Reconciliation Commission (TJRC) and the Committee of Experts (CoE),” read the letter.

Mr Miguna in his letter raises about the appointment of Njoki Ndung’u (Committee of Experts on Constitutional review), Margaret Sava (TJRC) and Winnie Guchu (IIEC).He says the three were picked from the same Non-Governmental Organization Women in Law and Development—where they were directors and that they hail from the same geographical region.“Whereas no one is questioning the women’s qualifications, it is odd that with the number of highly qualified Kenyans that applied for the limited positions, three directors of one small NGO would have been chosen over everyone else,” posed Miguna.

He said Kenyans deserve to see independent and professional outfits charged with overseeing constitutional and institutional reforms.
“An appearance that any of the individuals chosen for these instrumental public service duties may not be completely independent and impartial would likely undermine the successful completing of the tasks those bodies and individuals have been mandated to undertake,” said Miguna in the letter. The letter to Abdikadir and IIEC Chairman Mr Hassan was copied to the PM, Justice minister Mutula Kilonzo, Lands minister James Orengo, Attorney General Amos Wako, National Assembly Speaker Kenneth Marende, Permanent Secretary Public Service Ministry Titus Ndambuki and the Chief of Staff of the Panel of Eminent African Personalities Mr Nana Effah-Apenteng.