The Independent Electoral and Boundaries Commission (IEBC), like any other such body, has undergone a myriad changes. The body dates back to Independence in 1963 as Electoral Commission of Kenya (ECK) under the then-Constitution.
When, under Justice Zacchaeus Chesoni (who later became Chief Justice), it conducted the 1992 General Election, ECK comprised 21 presidential appointees.
Samuel Kivuitu took over in 1997 to lead IEBC through the 1997, 2002 and the violent 2007 elections and the 2005 referendum. The 2008 overhaul of ECK saw it become Interim Independent Electoral Commission of Kenya (IIECK), under Issack Hassan.
IIECK operated for 12 months alongside the Interim Independent Boundaries Review Commission of Kenya, under Andrew Ligale. In 2011, the two merged to form IEBC, its nine commissioners having two six-year terms, from the previous two terms of five years each.
Forced to resign
In October 2016, Mr Hassan and his team were forced to resign under mounting pressure from the political class and the citizenry, leading to the appointment of IEBC in 2017.
All the commissions have suffered bad publicity or scandals. However, there seems to be a lot of mystery engulfing the IEBC, arising from the nullified presidential election in 2017, an African first.
IEBC was impugned by the Supreme Court, having its image dented. It now have an uphill task of repairing their integrity, having in mind the political drums sounding towards the 2022 General Election.
IEBC, having been split upon the unceremonious resignation of six commissioners, left a tainted picture of the remaining trio. Worse, IEBC’s demands for more funds to run the upcoming election seem suspicious. Having been vilified by the Supreme Court, it’s shocking how it operates as if it’s business as usual, even after failing to properly manage the little at hand. One is left wondering whether these commissioners have a shred of conscience and integrity.
IEBC servers
What would you expect from a chairperson who blatantly disregarded the Supreme Courts’ orders to open and adduce the contents of the electoral servers? Being in the middle of a pandemic and with the possibility that the health crisis will persist to 2022, it is saddening to see that IEBC has remained mum on how it plans to conduct the election, bearing in mind that the activity might turn out to be a super spreader of the coronavirus. Shouldn’t it be issuing guidelines and information on how it expects to conduct the elections, a democratic right for every Kenyan, while protecting the voters from Covid-19?
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The current composition of IEBC should be declared null and void until the ongoing recruitment to fill the four vacancies is concluded. With a nullified election under their belt due to their own misconduct, the commissioners should vacated office by yesterday.
That their conduct and character were called to question, they should recuse themselves and be subjected to fresh vetting — alongside the current nominees. It’s a pity that, even if an ordinary Kenyan had the court bar them from office, it will be a waste of time for it is now the norm for the Executive to ignore and disregard court orders.
Defying rule of law
African leaders are notorious for defying the rule of law and hang on to power undemocratically. Some have postponed elections — as is the case in Ethiopia — leading to civil clashes between those for or against the government. In Uganda and Burundi, collusion with the electoral bodies has helped the regimes to have a grip on power and disenfranchise their opponents.
In Malawi and Ghana, however, the governments put a lot of emphasis on Covid-19 health protocols to ensure that the citizens voted safely. These countries even digitalised public observation of the entire process so that they could be satisfied.
It is time for IEBC to awaken from its slumber and put up a spirited campaign to redeem its image. It should come up with policies that can be legislated to rectify the challenges it encountered in previous elections and achieve even more. Ethics and integrity should be its bread and butter as it works towards next year’s general election.
Mr Amin teaches diplomacy and foreign policy at The East African University. [email protected].