Tuesday, October 11, 2011

Who will steer next year’s elections?



By Vitalis Kimutai and Isaiah Lucheli
The clock is counting down on the moment of truth for the eight men and women short listed for what will probably be the most important job in Kenya next year.
When the Independent Electoral and Boundaries Commission Selection Panel wraps up interviews tomorrow it will be left with the difficult task of picking the man or woman who will steer the next General Election. Whoever is picked from the shortlist of eight candidates has extra big shoes to fill. The IEBC will oversee the biggest election in the history of East and Central Africa while under pressure from varying political interests.
Ahmed Isaack Hassan, the current chairman the Interim Independent Electoral Commission, made the shortlist for the chairmanship. Photo: File/Standard
The appointment will come at a time of intense rivalry among presidential hopefuls seeking to succeed Kibaki who has served his two terms, and is expected to retire next year.
Kenyans are aware that it was just such a rivalry that led to the post-election violence of 2007 and the charging of the ‘Ocampo Six’ by the International Criminal Court with crimes against humanity.
In addition to delimiting new electoral units for the National and County assemblies, the new body will also ensure that voting methods are simple, easy to use, accurate, verifiable, secure, transparent and accountable so as to avoid a repeat of the rigging that marred the last polls.
Takes office
It will also be responsible for continuous registration of citizens as voters and regular revision of the voters’ roll. The new body is mandated by law to regulate how parties nominate candidates for elections, settle of electoral disputes other than electoral petitions and those following the declaration of election results.
The IEBC must have a budget for voter education and will facilitate monitoring and evaluation of elections and electoral rules. It must also ensure candidates and parties adhere to the electoral code of conduct
It is also hoped that the row over the proper date for the General Election will have been settled by the time the chairperson of the new electoral body takes office, so the new body can have a definite calendar for the next elections.
The Commission for Implementation of the Constitution (CIC) accused the Executive and Legislature of shifting the goalposts on the election date to serve their own interests.
The Government has drawn up a Bill to be debated by MPs when they resume their sittings in the House today, to change the elections date from the first Tuesday of August to December 17.
The names of the proposed commissioners and the chairman are expected to draw plenty of heated debate in the House after some MPs allied to the PNU wing of Government led by Vice President Alonzo Musyoka alleged the selection process was compromised to rig next year’s elections.
Ahmed Isaack Hassan, the current chairman of the IEBC’s predecessor, the Interim Independent Electoral Commission, is the only one to have made the shortlist for the chairmanship from the soon to be moribund body. The fact that he is not guaranteed the job, despite the success of his team in managing the referendum on the Draft Constitution last year, and successive by-elections, is an indication of the selection panel’s determination to ensure fair competition, and that only the best qualified candidates are nominated.
Eyebrows have been raised that while the shortlist meets the constitutional one-third rule on gender representation, it falls short of carrying the face of Kenya, with 50 per cent of the candidates coming from one ethnic group.
However, the selection panel has said fewer people applied than expected, hence the disparity.
The eight were picked from a list of 15 applicants. They are Hassan, Koki Muli, Mr Onsando Osiemo, Consolata Wanjiku Ngondi, Wakahiu George Njenga, Kinuthia Mwangi Mwangangi, Wanja Ann Kariuki, and Murshid Abdalla Mohammed. Three of these, Muli, Ngondi and Kariuki are women. The candidates are expected to meet the leadership and integrity requirements of Chapter Six of the Constitution.
"To ensure they are persons of unquestionable moral standing, the candidates were also expected to get clearance certificates from the Kenya Revenue Authority (KRA), Director of Criminal Investigations, Director of Public Prosecutions, Kenya Anti-Corruption Commission (KACC) and the Higher Education Loans Board," Dr Aukot said.
Polls date
Under the IEBC Act 2011, the selection panel will select three candidates for the chairperson position and forward to President Kibaki who will then consult with Prime Minister Raila Odinga and appoint one of them as the chairperson.
On Monday, Justice and Constitutional Affairs minister Mutula Kilonzo said conflicting proposals on dates of election being suggested by leaders was causing anxiety in the country.
"We have important legislation that must be enacted before the elections are carried out. They include the Political Parties Act, Elections Act and the appointment of the chairman of the IEBC," he said. Mutula insisted that the most feasible time elections can be held is December next year, according to a timetable of events.
"The President (Kibaki) was sworn in on December 30, 2007 and this rules out elections being held in March 2013. Pending legislation also rules out August. I am of the view elections will be held in December (2012)," he said.
But a section of MPs led by Eldoret North MP William Ruto have vowed to shoot down the Bill seeking to amend the Constitution to change the 2012 poll date.
Eugene Wamalwa, Isaac Ruto and Manson Nyamweya said they would oppose the amendment and asked Cabinet to respect the Constitution.
Speaking at Keburanchogu in South Mugirango, the leaders maintained that the elections should be held on the second Tuesday of August 2012 as spelt out in the Constitution.
"As Parliament resumes, we shall challenge the constitutionality of the Bill seeking to change the polls date. The matter is already before the High Court so it would be sub judice (under judicial consideration and therefore prohibited from public discussion) to debate it in the House," said Wamalwa. He asked Parliament to let the High Court determine the matter and expressed confidence that it would rule in favour of the Constitution.
But Mutula argued: "After the appointment of the Chairman and being sworn in IEBRC will have four months to gazette electoral boundaries, after which the public will have one month to launch any complaints, then judiciary will have three months to address the issues. It is after this that the registration of voters will commence."
The commission will also pick thirteen candidates from the 44 applicants for the Commissioners positions and forward the names to Parliament for vetting.
Nine days
Both Kibaki and Raila will be expected to forward the name of the chairperson to Parliament for vetting before it is gazetted.
On Monday, the panel, which has been sitting for nine days, concluded the interviews for 42 out of the 44 short listed candidates for the position of Commissioners in the new electoral body.
"Four of the candidates will be interviewed today, while the other four are lined up for interviews on Wednesday," Dr Ekuru Aukot, the chairman of the Selection Panel said.
The other panelists are Prof Marion Mutugi, (Vice Chairperson), Justice Isaac Lenaola, Ambassador (Rtd) Mwanyengela Ngali, Ms Rosa Buyu, Ms Irene Keino and Ms Sophie Moturi.
Additional Reporting by Kenan Miruka

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