Hours of tough negotiations led to the breakthrough political settlement announced yesterday on the early, voluntary and handsomely paid exit of the embattled electoral commission members
It was a win-win "white smoke" moment and there was ecstatic applause in Parliament when the exit accord was declared.
This apparently ends the IEBC crisis and months of upheaval and demonstrations demanding removal of the nine members. Cord staged nationwide protests, saying they were biased and unable to conduct a credible poll next year. Their terms expire in November next year.
The settlement was agreed by the commissioners and the co-chairs of Parliament's Joint Select Committee on electoral reform, Senators Kiraitu Murungi and James Orengo.
From the outset, IEBC had the upper hand and the constitutional high ground.
When the commissioners appeared before the 14-member committee on Monday, they called the hearings an illegal and unconstitutional fishing expedition. They said the committee was powerless to remove them and refused to answer allegations against them.
They signaled their intention to begin a prolonged court battle if the committee recommends removal.
The committee then decided to negotiate, especially because the allegations were weak and the committee itself had no legal power to remove commissioners.
"The commissioners went into the negotiations with the upper hand. They knew Section 251 of the constitution was clear on how they should exit office. So the only way out was for both sides to go for a practical win-win situation in the interest of the country," a source familiar with the discussions told the Star.
The source said there was no political pressure or arm-twisting from above. There was mutual recognition that elections were fast approaching and the stalemate must end.
The commissioners met the committee on Monday and on Tuesday for hours. The committee finally agreed to drop allegations, some involving procurement irregularities, and facilitate an exit package. The exact terms are not known. They agreed not to touch the secretariat to provide continuity and run day-to-day operations.
In return, the commissioners agreed to leave voluntarily. They insisted on a "dignified" exit and compensation and said the secretariat must stay.
The election is only 12 months and three days off.
The commissioners will soon give the IEBC a proposal containing their requests or demands. It was not clear yesterday if commissioners had tabled financial compensation plan.
A small committee will work out the exit package as the joint committee writes its final report containing recommendations to improve the electoral system. Its report to Parliament and bills on electoral reforms must be submitted by August 12.
The small group will include members from the IEBC, the select committee, Attorney General Githu Muigai and Treasury CS Henry Rotich.
"The commissioners cannot be a stumbling block in the way of any dignified political settlement,” IEBC chairman Issack Hassan said yesterday before the committee.
MPs broke into applause at their last public hearing.
The committee has until August 12 to prepare and submit its report to Parliament as well as the Bills on electoral reforms.
“This country is bigger than any one of us. We are Kenyans. We came here to work, we love our country and we have nowhere to go. We are part of this country and we want to help it have peaceful elections,” he said.
The committee lauded the commissioners for their "patriotic act" that will go a long way to ensure free, fair and credible elections.
“Kenya is a great nation. It is by acts like these that Kenya has refused to go down out of conflicts. Kenya has always found a way to rise up and given their patriotism, many Kenyans will remember this day,” co-chair Orengo said.
The Siaya senator said he will dedicate in a book he is writing, an entire chapter to describe events leading to yesterday's "white smoke".
Hassan told the committee the IEBC opposes radical proposals to overhaul the secretariat staff under CEO Ezra Chiloba.
“We have 12 months and four days to the next general election. We have experienced staff who should be given space to work because they have been very well trained,” he said.
Commissioner Kule Godana said the current secretariat has wealth of experience, expertise and institutional memory to manage the general election.
Quoting US President Barrack Obama on why Africa needs strong institutions and not strong personalities, Hassan asked the committee to prescribe a far-reaching policy and institutional frameworks to strengthen the IEBC.
Part of the joint committee’s mandate is to identify institutional challenges and weaknesses and propose propose ways to ensure free and fair elections.
The committee was established after weeks of violence when Cord supports took to the streets, demanding removal of the IEBC.
“Elections are too important to be left to IEBC alone, it is an institution the needs to be strengthened," Hassan said.
In his opening remarks, Orengo reminded the commissioners of recommendations by various stakeholders: “That commissioners resign voluntarily in the interests of the country and then negotiate for a humane and dignified political settlement with terms and conditions acceptable to all players.”
New commissioners must be appointed soon to facilitate early poll preparations, he said.
Each of the eight commissioners confirmed they were willing to quit if a settlement is struck.
Commissioner Thomas Letangule, who had initially insisted on a tribunal, said they had made a unanimous decision to resign.
Co-chair Murungi thanked the commissioners for putting the interests of the country ahead of personal interests. He said the IEBC bosses decision will go down in history as the most patriotic act ever"."
“It is not easy to say that I have resigned in the interest of the country. Given our culture where people would rather die, thank you for making sacrifices so we can have free and fair elections next year. Sometimes we must transcend ourselves."