House team clashes over Raila Odinga's remarks on sacking IEBC officials

Ethics and Anti-Corruption Commission deputy CEO Michael Mubea (right),kakamega senator Bony Khalwale (centre) and chairman of Parliamentary select Committee on IEBC ,Senator Kiraitu Murungi (left) during a meeting over IEBC Commissioners at county hall on Monday, July 25, 2016. (PHOTO: bONIFACE OKENDO/ STANDARD) 

Comments attributed to Opposition leader Raila Odinga almost disrupted the business of the parliamentary select committee on electoral reforms.
The mention of Raila’s name brought out the Coalition for Reforms and Democracy (CORD)-Jubilee differences within the team in yesterday’s sitting.
During his recent tour in Western Kenya, Raila is said to declared that his coalition will only accept a decision to sack electoral commissioners.
This prompted Elgeyo Marakwet Senator Kipchumba Murkomen to question whether CORD had a pre-determined notion on the outcome of the team’s deliberations.
“As Jubilee, we need a process that involves everybody. I want clarification on whether what we are doing is a fait accompli and CORD has already taken a position onthe matter. Are we on showbiz or on serious business to reach a decision?" posed Mr Murkomen.

He was backed by co-chair and fellow Jubilee senator Kiraitu Murungi (Meru).

"Raila is not just another jobless Kenyan speaking from his house. We had very intense negotiations between the two coalitions and I don't expect one of the coalition leaders to undermine the process.

"It is not for nothing it was said in the motion that the leadership of both coalitions will make separate statements on the recommendations made by the committee," said Murungi as he differed with Junet Mohammed (Suna East) who had said Raila was expressing "a personal opinion".

"Raila is not a committee member. We cannot gag someone who is a Kenyan speaking from his house. There is freedom of expression," Mr Mohammed had told the committee, co-chaired by Kiraitu and Siaya Senator James Orengo.

With the issue threatening to get out of hand, Mr Orengo directed any extraneous issues to the team's mandate be raised behind closed doors.

"We have very serious business to transact. This is a parliamentary committee which abides by the Standing Orders of both Houses. If you think there is matter that has not been dealt with, our rules allow us to meet in camera," he said.

The committee, however, quickly closed ranks and accused Ethics and Anti-Corruption Commission (EACC) bosses of shielding the country's electoral bosses.

They were united in demanding that EACC provide any specific allegations made against the nine Independent Electoral and Boundaries Commission officials.

EACC commissioners came under fire for misleading and confusing the committee with huge bundles of 'empty' documents, while hiding behind the explanation that some of the cases touching on the poll officers were under probe or consideration by the Office of Director of Public Prosecutions (DPP).

For the second time, the commissioners were sent away to get documents relating to various procurement scandals, including those received from the United Kingdom Serious Fraud Office on the Chickengate scandal.

"The documents that you may not produce before this committee are those covered under the sub-judice rule or which by operation of any written rule are secret. You must tell us which law. It is not gossip that you should bring to us.

"Don't bring us things that are not relevant or which this committee is not considering," Kiraitu told IEBC Chair Philip Kinisu, and other commission members, including chief executive Halake Waqo and his deputy Michael Mubeya.

"We are a quasi-judicial body and we demand that documents be produced. The line you are taking is a strange one.

"Unless you show this committee any other justification other than sub judice rule, you are not convincing at all," said Orengo.

He had earlier on during proceedings had been forced to calm down tempers after his party leader's comments angered Jubilee members of the team.

The committee is mandated to inquire into any specific allegations against the commissioners with a possible recommendation for their exit from office. It is also mandated to recommend legal and policy options to reform the country's electoral system.

"We are here to support the committee and we shall go all the way to ensure this is done. The decision (not to provide documents) is not mine," Mubea told the team. Committee members were unhappy that EACC was not keen on assisting them even after Attorney General Githu Muigai last week said there were no legal hurdles preventing the committee from getting the documents.

They were also unhappy that a presentation tabled before the team had made other unsubstantiated allegations against the commissioners, including some taken from newspaper cuttings.

"There have been specific allegations against the commissioners and they are not here. What would be more sub judice than what you have already given us? If you make allegations against the commissioners, convince us that they are justified," said Orengo.

"There is public interest on how this commission operates. Do they produce information in bits and pieces? You wait until someone has been offered a job, then you pull out a file against him. Even the intern in my office cannot just pick information and set it out like this. Even when you come back, restore some standard of credibility to the commission," said Murkomen.