Crisis Looms as IEBC Pulls Out of Crucial Election Committee

The Independent Electoral and Boundaries Commission (IEBC) has backed out of the multi-sectoral committee on election preparedness.

In a letter to the Interior Principal Secretary Karanja Kibicho, the IEBC Chair Wafula Chebukati stated that they will no longer participate in the activities of the National Multi-Sectoral Consultative Forum (NMSCF)   and its Technical Working Committee (TWC) on Election preparedness.

According to the IEBC boss, the terms of reference of NMSCF and TWC violates the independence of the electoral body.

The IEBC boss also accused the NMSCF of stepping on the mandate of the Parliamentary Departmental Committees, particularly the Justice and Legal Affairs (JLAC) of the National Assembly when discharging its mandate contrary to the law.

"The Independent Electoral and Boundaries Commission (IEBC), would wish to respectfully withdraw from further engagement in the activities of the said NMSCF and TWC.

... we must respectfully point out that a number of the TORs of the NMSCF and the TWC has the net effect of violating the Constitution by purporting to direct the Commission on how to discharge its mandate contrary to Article 88 of the Constitution," IEBC said in the statement.

Article 249 of the constitution states that: "commissions and the holders of independent offices are subject only to this Constitution and the law, and are independent and not subject to direction or control by any person or authority".

Chebukait added that the NMSCF, as currently constituted, has pushed the electoral body on the sidelines on issues that it is supposed to play a major rally in giving directions.

He adds that the participation of some stakeholders in the committee waters down the independence of the electoral body contrary to the constitution.

"...it is our considered position that the heavy involvement of other entities is likely to erode the public trust in the Commission thereby derailing the ability to deliver simple, accurate, verifiable, secure, accountable, impartial, efficient, credible and transparent elections as directed by the Constitution," he added.

Chebukati at the same time gave reference to the case of Kenneth Otieno versus Attorney General & Independent Electoral & Boundaries Commission Petition 'No 127 of 2017, wherein the Petitioner challenged the establishment of a Technical Committee to oversee the adoption of technology by IEBC under section 44(8) of the Elections Act.

The IEBC boss notes that the court ruled that the Technical Committee would undermine the independence of the IEBC if governmental, political or other partisan parties are involved in the implementátion of the electronic electoral processes.

The withdrawal comes barely a week after DP William Ruto-led UDA party protested the participation of Chief Justice Martha Koome in the committee.

The UDA party said the CJ is a neutral arbiter of future elections conflicts and therefore her participation in the election preparedness committee will lead to a conflict of influence in future when petitions emerge.