Tough rules for new elections team

By Martin MutuaThe Select Panel handling the delicate task of picking new elections managers have set tough conditions for applicants, including locking out politicians and those adversely mentioned in probe reports.
Drawing from the lessons of how the team led by Samuel Kivuitu that bungled 2007 elections, whose members were handpicked by the President and included his political cronies, the panel set high standards for public office.

Justice Minister Mutula Kilonzo (second left) and Chief Justice Willy Mutunga (fourth left) with some members of the IEBC selection panel after they were sworn in on Monday at the Nairobi law courts. [PHOTO: file/ STANDARD]

The applicants for positions in the new Independent Electoral and Boundaries Commission must, for example, produce clearance certificates from the top-most office at the Kenya Revenue Authority, Kenya Anti-Corruption Commission, Criminal Investigations Department, Higher Education Loans Board, Director of Public Prosecutions, and heads of the professional organisations to which they belong.
Certificates proving they have no cases or investigations, have paid up their university loans and taxes, and proof of their professional credentials will not come from clerical offices, but chief executive officers of the clearing agencies.
Locked out
Also locked out are those who have in the last five years either run for a parliamentary, civic or political party office, or even held a position in a political party.
Also barred from applying for the posts, in the list of conditions published in an advertisement by the select panel in today’s issue of The Standard, are those who have been adversely mentioned in the report of any commission of inquiry, or a parliamentary committee.
These include professional accountants and lawyers who have featured in the reports of parliamentary watchdog committees such as Public Accounts and Public Investments committees, and commissions of inquiry like on Goldenberg and Anglo Leasing scandals, those on grabbed public land, and land clashes.
Both those who apply to chair IEBC, whose immediate task is creating the 80 new constituencies set out in the Constitution and managing the General Election due next year, should also be ready to be subjected to security clearance by National Security Intelligence Service.
Set bar higher
The bar is set higher for the chairperson as he or she must have been a judge of a superior court for a minimum of 15 years, and must possess 15 years experience, as distinguished academic, judicial officer, legal practitioner or in any other relevant category.
But even after they pass the panel’s hurdle, short-listing, and interview phases, Parliament would still scrutinize them.
The panel led by Ekuru Aukot, who headed the Committee of Experts secretariat that drafted the Constitution promulgated last year, also demanded that as a demonstration of their suitability, applicants must submit their CVs along with "samples of their three top writings, or supervised projects, or any other evidence of proven relevant experience herein being sought".
In the standards set for applicants the panel demonstrates it is keen on giving Kenya an independent commission with persons of high integrity.
In a move aimed at addressing concerns and deficiencies raised by Justice Johann Kriegler Commission on 2007 electoral mess, the panel did not just stop at taking over the task of picking electoral commissioners from the President. They also showed how they are taking seriously the warning by Justice Kriegler of South Africa that if the problem were not addressed, 2008 bloodshed would look like a Christmas party.
That is why even those who have been playing hide and seek either with Helb for university education loan, or even those who dodge paying tax may find themselves ineligible.
Professional ethics
The panel is also keen to get clearance certificates, vouching for the applicants’ credentials and commitment to the ethics of their professions, from their professional associations. For lawyers this would be the Law Society of Kenya. Engineers will have to be cleared by Institute of Engineers, and Architects the Kenya Architectural Association. Institute of Certified Accountants would clear accountants. The panel has, however, given an allowance to those whose trades do not have a professional body.
Those aspiring for the chair will have a hard task because the person set to hold the position shall be one who qualifies to hold the office of a Supreme Court judge, which is the highest in the land in accordance with Article 166 (3) of the Constitution.
Those seeking the chairperson’s position or IEBC membership must also be Kenyan citizens, possess university degrees, and have proven relevant experience in either electoral matters, management, finance, governance, public administration, law, and also meet requirements of Chapter Six of the Constitution on leadership and integrity.
The selection panel also warns that any person, who canvasses directly, indirectly, through proxy or through emissary, would be disqualified.
Cheating
Those bent on using their tribal or clans to secure the positions or employ pressure groups to campaign for them or use other associations and other means would have no place in the commission.
Another criteria for disqualification will be for a person, to "knowingly, willingly and blatantly lie, misrepresent, cheat and fail to disclose material facts".
The team will further be seeking evidence of a candidate’s suitability in the execution of the IEBC mandate. Any person applying will have to meet and satisfy the panel that they are capable of executing the IEBC mandate of continuous registration of citizens as voters, regular revision of the voter’s roll, and delimitation of constituencies and civic wards among other responsibilities.