Jubilee and Cord have filed petitions to disqualify some applicants for membership of the Independent Electoral and Boundaries Commission.
Details of four petitions emerged yesterday, even as complaints were made about political interference with the selection panel and process. National Council of Churches of Kenya secretary general Peter Karanja, objected. He sits on the nine-member selection panel.
Interviews got underway last Thursday for the six commissioners. Thirty-six candidates have been shortlisted.
The selection panel has already found unsuitable the five short-listed applicants for commissioner. New applications are sought.
The earliest a new commission could be in place is mid-January.
Among the petitions received by the panel is a protest against Oliver Kisaka Simiyu, Karanja's former deputy at NCCK.
In a letter to the selection panel, Cord CEO Norman Magaya accused Karanja of failing to disclose to the panel that Kisaka had been his deputy.
"It is even more disturbing that Canon Karanja never bothered to own up to the rest of the membership of the panel that he was conflicted on this specific matter,” Magaya told the panel. “It is expected this conspiracy of silence will continue to the interview process.”
Referring to the bloody street protests that led to negotiations on electoral reforms, Magaya warned against compromising the process.
Magaya said recruitment of new Commissioners is predicated on the blood of Kenyans and called on the panel to nullify Kisaka's nomination.
“It must be noted any attempt to compromise this process will be strenuously resisted. If the intention of the members of the selection panel is to dish out jobs to their cronies, then, they must exercise it elsewhere not on this very important matter of the selection of IEBC Commissioners,” he said.
The petitions lift the lid on the behind-the-scene intrigues by both Jubilee and Cord to influence the recruitment process.
A separate petition against Mutakha Kangu, shortlisted for both chairman and Commissioner, claims he had been part of the think tanks of opposition chief Raila Odinga.
The petitioner, calling himself Jawabu Kenya, quotes Miguna Miguna's book, Peeling Back the Mask, to back claims Mutakha had worked worked for the Cord leader.
“Some of those Mr Miguna lists as long-term strategists of Mr Odinga include Prof Edward Oyugi, Mr Oduor Ong'wen, Mr Mugambi Imanyara, Mr Mutakha Kangu, Dr Adhu Awiti, Prof Peter Wanyande, Mr Salim Lone and Mr Nabii Nabwera,” the petitioner says.
In yet another letter, Magaya says shortlisted candidate Ismail Buro Hassan has close ties with National Assembly Majority Leader Aden Duale and is an in-law of Garissa Senator Yusuf Hajji.
“These close family ties make it impossible for Mr Ismail Buro Hassan to act as Commissioner of IEBC, a position that requires absolute fidelity to impartiality. The perception of of bias cannot be resisted on this matter,” Magaya said.
Magaya also alleges Hassan has had what he termed improper contact with some members of the selection panel and thus should be disqualified.
“It must be noted Mr Duale is part of the campaign team for the reelection of Jubilee ... the purpose of this letter therefore is to request the selection panel to rise up to the political realities abundant in this matter and refuse to give this candidate the opportunity to serve as commissioner of the electoral commission,” he said.
The Cord CEO also filed a petition against Ibrahim Wako Boru, Isiolo county secretary, saying he has been cited in many graft cases.
The anti-graft agency had raided Boru's office and asked for his suspension from the county government.
“By this letter, the selection panel is implored to disqualify his candidature on grounds of integrity as set out under Chapter six of the Constitution. It must be noted that the outgoing commissioners largely vacated office on grounds of failure to inspire public confidence in the commission and integrity issues,” Magaya said.
Documents in the Star's possession also indicate that the Ethics and Anti-Corruption Commission only cleared Margret Shava for IEBC chair.
This is said to be among the reasons that compelled the panel to re-advertise the top job.
Shava, a former commissioner with the old Truth, Justice and Reconciliation Commission, is said to be related to President Uhuru Kenyatta's family.
In a letter to the selection panel, EACC deputy chief executive Michael Mubea said they have received allegations touching on the integrity of the other four candidates.
These include Mutakha, David Malakwen, Roseline Odede and David Mereka.
“The commission further confirms that Dr John Kangu Mutakha has been convicted by the Advocates Disciplinary Committee for professional misconduct,” the EACC said.
However, the CID said none of the candidates had a criminal record and cleared them all.
The Advocates Complaint Commission also said there were no pending complaints against the six, although LSK said Mutakha has had three separate cases at the disciplinary tribunal.
The members of the selection panel include two men and two women, nominated by the Parliamentary Service Commission.
These are Evans Monari, Mary Karen Kigen Sorobit, retired Justice Tom Mbaluto, and Ogla Chepkemoi Karani.
Others are Musundi nominated by the Kenya Conference of Catholic Bishops; Karanja nominated by NCCK; Prof Abdulghafur El-Busaidy of the Supreme Council of Kenya Muslims, Bishop Dr David Oginde nominated by the Evangelical Alliance of Kenya; and Rajesh Rawal of the Hindu Council of Kenya.