Beleaguered IEBC commissioners — whose swift removal was demanded by a broad public consensus — will remain in office beyond September 30, possibly jeopardising the electoral timeline.
This despite the recommendation of the Joint Parliamentary Committee on electoral reform.
Time is of the essence.
The length of the delay is not known but slippage of the electoral timeline can delay policy decisions for the August 8, 2017, general election. September 30 is recommended, however, not mandated.
New commissioners are to be in place as soon as possible to oversee it, though the secretariat remains.
A long delay could require changes in the electoral calendar, if not necessarily the date.
However, on June 20, Attorney General Githu Muigai asked Parliament to consider delaying the election to allow proper reconstitution of the IEBC.
Key policy decisions can only be made and key procurement contracts signed by the new IEBC chairman.
Notice of the election date must be signed by the chairman. Procurement of strategic election equipment and materials must be approved by the commission. Appointment of election officers and presiding officers, publication of party lists, organisation of diaspora voting can only be decided by the commissioners. The chairman must sign off.
The opposition says the nine commissioners are biased in favour of Jubilee, helped rig the last last elections and cannot be trusted. They are blamed for the failure of technology and collapse of the results transmission system in 2013.
The Parliamentary Joint Select Committee had proposed commissioners be replaced by the end of this month. However, that is impossible because a series of necessary steps has not been undertaken.
Political leaders yesterday said given the mandated timelines, a September exit is inconceivable.
“The recommended September 30 timeline cannot work, it will have to be extended and the [implementing] Bills don't talk about timelines. Therefore, there will be no legal difficulty or crisis,” Senate Majority Leader Kindiki Kithure told the Star yesterday.?
Some leaders say the commissioners must continue working to ensure the electoral calendar is not altered. This despite Issack Hassan's team having a poisonous relationship with the opposition.
Some ODM leaders have raised doubts about the propriety and integrity of multi-billion procurement of key electoral materials, including ballot papers, before a new commission is installed. Some tenders have been advertised.
The opposition led by Cord