IEBC CEO's powers may be reduced
SOME IEBC commissioners are lobbying to have their Act amended to reduce the powers of the chief executive officer. This was one of the proposals made by the commissioners, led by IEBC chairman Ahmed Issack Hassan, to the joint session of the parliamentary Committee on Justice and Legal Affairs and the Constitutional Implementation Oversight Committee behind closed doors on August 9.
Members of the two committees have told the Star that they wanted the Independent Electoral and Boundaries Commission Act 2012 amended to grant them powers to have some control over day to day operations. They specifically wanted to be involved in procurement processes.
The Cabinet originally wanted a non-executive IEBC that would only provide policy guidance to the secretariat that would manage operations. “We were shocked that some commissioners want the Act amended. It is clear the commissioners want to control the commission and turn the secretariat staff into their personal assistants,” said one member of the joint session.
The proposal might stir further controversy at the IEBC. The secretariat has already expressed its opposition to commissioners getting involved in operational matters. At the open joint meeting on August 2, Hassan denied that there were any personal differences between himself and CEO James Oswago.
He explained that there were legal issues in the IEBC Act that had led to 'perceptions' of personal differences and which external forces had exploited to undermine the smooth running of the IEBC. “There is the reality, the perception and the law. As a commission we are united and as a matter of fact we are working well together,” said Hassan who blamed the media for creating wrong perceptions.
Earlier this year, the High Court in Kisumu issued orders restraining the IEBC from recruiting a new secretary to replace Oswago. High Court Judge Abida Ali Aroni however allowed the IEBC to proceed with recruiting deputy commission secretaries. Three weeks ago, the IEBC appointed two deputy commissioners: Beatrice Kemunto Sungura-Nyabuto will be in charge of operations and Wilson K. C. Shollei will be in charge of support services.
Recently the tender for biometric voter registration was cancelled twice resulting in the IEBC decision in August to revert to manual voter registration. However the government then stepped in and offered to buy the kits on behalf of the IEBC through a government-to-government deal with Canada that will cost Sh4.6 billion through a concessionary loan.
Nominated MP Millie Odhiambo, who attended the closed door meeting on August 9, dismissed suggestions of any rifts that might threaten to the commission's work. “They said there were no personal differences between them, maybe only the provisions of the law has led to such perceptions,” said Odhiambo.
The joint parliamentary committee will present its report on the BVR tender to Parliament next week. The report will also advise on the structural relationship between the commissioners and the secretariat. The IEBC has in the meantime been meeting a Cabinet sub-committee set up to expedite purchase of the BVR kits.
The IEBC CEO James Oswago, Cabinet ministers Mohamed Elmi, James Orengo, Eugene Wamalwa, Treasury officials and acting Justice PS Gichira Kibaara have received presentations from various companies including the Canadian firm Code Inc which is now widely expected to supply the kits.
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