In my view the IEBC commissioners should have gone home as early as 2013, but for totally different reasons than those now being advanced by the political elite.
These commissioners violated the constitution when they cleared for election some people who shouldn’t have been cleared. They actually failed to comply with the law that makes it mandatory that only individuals with specific minimum requirements be cleared to run in elections.
It is an open secret that some people with no educational qualifications, some with criminal records and even those who bribed their way through nominations were cleared in total disregard of the law. For me these were the proper grounds that should have seen the commissioners sent home.
Now they have been sent packing on the basis of a bipartisan political deal negotiated by political actors. One of the most curious ingredients of the deal is that the departing commissioners should be paid for the entire period that they should have served in office.
This is depressing. It gives us a situation where we have two commissions: A working one and one that has retired for the sake of “peace”.
If these commissioners were removed due to impropriety, they don’t deserve this payout. If there was no impropriety on their part, then they didn’t deserve to be removed.
The very idea of having two sets of commissioners can be challenged in court. Article 234 of the constitution mandates State organs to ensure that public funds are used in a prudent manner.
You can’t negotiate on the imprudent use of public funds. If there were sufficient grounds they should have been sent home pursuant to Article 251 of the constitution.
Paying salaries to two sets of commissioners sets a dangerous precedent that could be exploited by other members of constitutional commissions.
This is particularly dangerous at a time when we are loudly complaining about the bloated wage bill. Now it has risen to an all-time high because we are being forced to pay for some people who are not even in the public service!
This imprudent use of public resources should be challenged by all well meaning Kenyans: These commissioners have left under a cloud.
Our hospitals lack basic facilities. We have no cancer screening machines and no drugs for simple ailments like malaria.
How can we sink sink Sh241 million into work not done? This is immoral and also an indicator of the predator society Kenya has become.
- Lempaa is an advocate of the High Court.