The demands by some ODM politicians that electoral commission chairman Wafula Chebukati should exit before the next General Election has stirred a storm across the political divide.
On Friday, the politicians said they had lost confidence in the Independent Electoral and Boundaries Commission (IEBC) over a range of issues, including starting the procurement process of the new Kenya Integrated Electoral Management System (Kiems) without the polls body being fully constituted. They told Mr Chebukati to wait for Parliament to approve the names of the four new commissioners before going on with such crucial processes.
Led by ODM chairman John Mbadi, Homa Bay Woman Rep Gladys Wanga, Ugunja MP Opiyo Wandayi and Kisumu Senator Fred Outa, the leaders said they wanted a free and fair election. Mr Mbadi argued that the only guarantee that Kenyans will have that the forthcoming election will be fair is if IEBC manages its affairs in a transparent manner.
The Public Procurement Administrative Review Board recently stopped IEBC from awarding a tender for the supply of Kiems kits, which are used in voter registration and identification, results transmission and candidates’ registration, among others.
The politicians made the demands on Friday during the burial of Senator Moses Kajwang’s father Mr David Ajwang’.
Substantive CEO
“A fully constituted electoral agency will strengthen the electoral system. IEBC must also have a substantive chief executive officer before going on with poll preparations,” Mr Wandayi said.
His sentiments were echoed by Ms Wanga who said recruitment of IEBC staff should also be suspended until new commissioners are sworn into office.
“I am afraid of going to an election with Chebukai at the helm of IEBC. We will consult as parliamentarians and find the best way forward for Kenya so that we do not fall into chaos because of an election,” Ms Wanga said.
But leaders allied to Deputy President William Ruto have opposed such plans.
Removal procedure
Murang’a Senator Irungu Kang’ata said there is an elaborate constitutional procedure for the removal of commissioners.
“The procedure for removal of commissioners includes formation of a tribunal. ODM has not tabled grounds justifying such removal. They should focus on addressing unemployment, agriculture and health instead of politics,” he said.
His Nandi counterpart Samson Cherargei read mischief in the renewed push to have Mr Chebukati removed, saying ODM has smelt defeat. He however said they do not mind who is at the helm of the electoral body since the voters will have the final word at the ballot.
He further accused the ODM leaders of sitting in the parliament committees that denied the electoral body funds to carry out its activities.
Lugari MP Ayub Savula said it was dangerous to begin talk of replacing the chairman or any commissioner less than a year to the elections. The ANC deputy party leader said there would be “fireworks in Parliament” should any attempt be made to interfere with the composition of IEBC.
Bad blood
The bad blood between IEBC and the ODM party has existed for over 14 years, starting in 2007 when the body was referred to as the Electoral Commission of Kenya with the late Samuel Kivuitu as chairman.
The party made claims of rigging in the disputed elections in which President Mwai Kibaki (PNU) was declared winner against ODM’s Raila Odinga. The political political fallout led to a raft of reforms, including disbandment of the commission.
Fast forward to 2013, ODM contested the results of the presidential elections and later demanded the removal of then IEBC chairman Isaack Hassan in 2016 before Mr Chebukati took over.
In the 2017 General Election, IEBC was cited for poorly conducting the election.
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