KANYADUDI: New IEBC team deserves support, not censure by political class

After a tortuous struggle, the government finally got around to constitute the IEBC. The former commission was fraught with controversies ever since the Isaac Hassan team was forced to resign from office.

After the 2017 general election, Roseline Akombe dramatically resigned and sought political refuge in the US from where she kept releasing dossier after dossier regarding the events before the annulled presidential elections.

To fill the gaps left by her compatriots, four new commissioners were recruited before the 2022 election. They included vice-chairperson Juliana Cherera, together with Justus Nyagaya, Irene Masit and Francis Wanderi. The commission has suffered an image and credibility deficit ever since it conducted the first elections under the new constitution in 2013.

The results of the first, second and third presidential elections were challenged in the Supreme Court under three different chief justices. David Maraga agreed with the petitioners and annulled the results. However, Raila Odinga avoided the repeat elections and got into a handshake arrangement with his competitor, Uhuru Kenyatta. It is under the handshake government that the IEBC was reconstituted to organise the 2022 election. But the cloud of suspicion continued to hang over the commission leading to a bitter falling out among the commissioners and chairman Wafula Chebukati. The end of Chebukati’s tenure brought many legal challenges. The boundary delimitation prescribed timelines elapsed in March last year. Also, 23 electoral vacancies could not be processed because of absence of commissioners.

The current commission finds itself saddled with the historical baggage of its predecessors. Yet conversely, if the process of its selection and the composition of its membership are critically assessed, then a different picture emerges. While legal hurdles hit the initial stages of recruitment, they turned out to be a blessing in disguise. They made the process more rigorous and transparent. Steps were taken to ensure that nothing was left to chance and that every loophole that might have been unanticipated was sealed. The constant criticisms from the opposition and civil society formations ensured transparency and fidelity to the national ethos.

The selection panel went through thousands of applications to do the shortlisting. Those who met the cut and were interviewed were some of the best brains with requisite experience that the country could offer. The last nine names were submitted to President William Ruto by Parliament after the vetting; from the list, the names of seven commissioners were published in the Gazette Notice.

Pundits agree the list is a constellation of some of the finest leaders in electoral management that could be found anywhere. Their CVs are available for ease of reference and their interviews were done in the glare of public media.  Chairman Erastus Ethekon has work experience with international and multilateral organisations, while vice-chairperson  Fahima Abdallah has had an illustrious career in the public service, including on the Lamu public service board. In the ranks are commissioner Francis Aduol, vice chancellor emeritus and renowned academic in geodesy with extensive professional contributions to the question of boundary delimitation in Kenya and Africa. Then there is Ann Nderitu who served as the pioneer Registrar of Political Parties, key stakeholders in elections. They share space with three other steady hands as commissioners with vast public administrative experience useful for the delivery of the IEBC mandate. One is a legal and communication expert while the other two are celebrated public administrators.

The protracted political stalemate that accompanied the appointment of the selection panel and the subsequent appointment of the commissioners presented a potential constitutional challenge. However, President Ruto was able to navigate the turbulence and had the commission properly constituted. The bigger challenge for civic practitioners has been the continuous voter registration that was suspended just before the 2022 election. As the population grows, so does the number of those who qualify to register as voters. The registration is meant to be closely followed by verification of the voter register. This exercise aims to clean the register, most importantly, ridding it of ghost voters. Having a valid voter register and the required officers of necessary skills assures of the credibility of the electoral process. The boundary delimitation exercise will require legal protection from the Judiciary and Parliament since the deadline has passed. At the same time, because of space and period constraints, these statutory activities will logically demand enhanced resource allocation from the National Treasury. Concerted efforts will be required from all stakeholders to work around the clock to deliver an election acceptable to all stakeholders. The legitimacy of any electoral process is determined largely by the acceptance of the electoral results.

The most disturbing threat to the public goodwill toward the current IEBC has come from the political class, especially the opposition. While their concerns during the process of selection and eventual appointment were merited, the continued castigation of the team amounts to intimidation. They have taken every opportunity to cast aspersions on the persons of some commissioners. In various forums they have addressed in the public, the opposition chiefs have sought to associate commissioners with government officials. While this is an oversight role, which rightly is the opposition’s forte, the claims should be credible and at best substantiated. Making such serious allegations and against members of an independent commission serves to erode the very credibility that is sought to be engrained.

The political class should be brave enough to put aside their partisan interests and support the work of the commission. The political parties and their leaders are key stakeholders, if not the main clients of the IEBC. Their demonstration of goodwill and objective support will be crucial in bringing forth the public confidence as a ripple effect. However, their continued castigating of the commission casts the commissioners in a bad light and affects their confidence levels. Having faith in the commissioners would provide them the confidence to provide the necessary leadership for the secretariat. This would enable the country to benefit fully from the wealth of experience and vast knowledge that the commissioners bring to the IEBC. The opposition leaders and other government leaders must therefore put national interest ahead of their parochial pursuits to support the commission. Such support should be extended to similar independent institutions to anchor good governance practices. A collaborative framework should be developed to strategically involve civil society organisations and tap into their extensive grassroots and international networks. The current team at Anniversary Towers should not be prejudged due to past experience with previous teams. They should be given their due credit and assessed on their own merit.