Signalling a looming political confrontation in the coming weeks, their allies are exchanging bitter words over the crackdown at IEBC.
At the centre of the fresh war is a push by Azimio to stop any disciplinary action against staff perceived to have aided the four IEBC commissioners who disowned the presidential results last month.
Commissioners Juliana Cherera, Justus Nyang’aya, Irene Masit and Francis Wanderi disowned the presidential election results declared by IEBC chairman Wafula Chebukati, calling them "opaque".
Ruto's camp is supportive of the IEBC's internal steps to discipline the said staff and, by extension, kick out the four commissioners over sabotage.
The Farmers Party, which is associated with Kenya Kwanza, has filed a petition in Parliament to start the ejection of the four, but Raila's camp has vowed to block the same.
The Azimio troops have asked Chebukati and commissioners Boya Molu and Abdi Guliye—whose terms end January 20—to proceed on terminal leave and allow the four to run the show.
Azimio has given the electoral agency 48 hours to rescind the decision to interdict deputy chief executive officer Ruth Kulundu or face unspecified actions.
The 48 hours will elapse Friday.
Kulundu was linked to aiding the four dissenting commissioners by convening a meeting without the permission of the CEO.
The Kulundu interdiction on Wednesday opened fresh wars, coming at a time the commission is preparing to start boundaries delimitation.
On Thursday, Garissa Township MP Aden Duale laughed off Azimio’s ultimatum threat, saying the opposition coalition should realise the era of lynching independent government agencies is long gone.
“The 48 hours are going to pass tomorrow, so what is their next course? My advice to Azimio is that they need to read the law, especially Articles 251 and 252. IEBC is an independent institution and it cannot work in the direction of anybody, including the President,” the MP said.
“The Ruto administration has categorically indicated that the era of entrenching and supporting the independence of the independent commissions has begun. Azimio still think they have instruments, they have misused the independent institution during the time of the former President.”
Apart from the Kulundu issue, Ruto's team has also expressed unease with Cherera, Nyang’aya, Masit and Wanderi, accusing them of attempts to sabotage Ruto’s victory.
Ruto has defended the Chebukati axis of commissioners, saying they stood by the law during the elections.
But Raila has called Chebukati and his team "criminals who belong to Kamiti" for allegedly messing up last month's presidential election.
There are indications that their war over IEBC could escalate in the coming weeks as Chebukati's term comes to an end.
Nairobi Senator Edwin Sifuna questioned whether the four commissioners have the authority to summon secretariat staff, saying the decision must be quashed.
“I hear IEBC has targeted Ruth Kulundu for interdiction. Her crime? Obeying summons of the four commissioners to attend a meeting that her boss, the CEO, refused to attend? Do the four have no authority to summon employees of the commission?” he posed.
On Wednesday, Raila’s men came out guns blazing after the commission interdicted Kulundu, who was accused of impersonating CEO Hussein Marjan and planning a plenary meeting for breakaway commissioners.
Ugunja MP Opiyo Wandayi, Jubilee nominated MP Sabina Chege and more than 10 MPs warned Chebukati against the move.
“We cannot countenance a situation where public officers, civil servants, are being victimised arbitrarily for no apparent reason, but simply because they have been able to discharge their duties fairly and transparently and impartially,” Wandayi said.
"They are causing serious problems in the commission, they are causing serious disaffection in the public service and they are essentially causing a situation which can result in public and civil unrest."
But Duale questioned Azimio’s interest in defending Kulundu, who is undergoing an internal disciplinary process at the polls agency.
“Unless Azimio has now confirmed that Kulundu was working for Azimio, Kulundu was a project of Azimio that is why they are coming out to defend her,” Duale said.
Kilifi North MP Owen Baya said Azimio’s defence of Kulundu confirms an unholy alliance between the opposition outfit and a section of the electoral agency.
“Interdiction is not final, this person will come, defend herself and after that, a verdict will be given whether she will go on with the work or not. If she is dissatisfied with the decision of IEBC, she can go to the Labour court and seek justice there. Why are they [Azimio] interested in only one officer?” Baya asked.
Azimio has dismissed claims the targeted IEBC staff committed any offence, insisting that Chebukati is under obligation to respect the rule of law and stop arbitrary victimisation of IEBC staff.
The move, according to Raila men, is witch-hunt against commissioners and IEBC staff who were opposed to the declaration of Ruto as the winner of the August presidential race.
On Thursday, Duale disclosed that ouster petitions against the four are already filed in Parliament waiting for the constitution of the Justice and Legal Affairs Committee (JLAC).
“Azimio has not recovered from the election shock. They should be more busy on how to deal with the petitions that will be presented to the House on the removal of those four commissioners,” Duale said on the phone.
Once parliamentary committees are constituted, the petition by the Farmers Party is likely to be committed to the committee on Justice and Constitutional Affairs for processing.
The committee will then table its report in the House for approval, with President Ruto expected to form a tribunal to hear and determine the charges.
Should the tribunal find them guilty, they will be kicked out of the commission prematurely.
Edited by A.N
