The Independent Electoral and Boundary Commission (IEBC) Chairman Wafula Chebukati has rejected calls by the Kenya Human Rights Commission(KHRC) to resign and disband the commission over its conduct in the August and October elections.
KHRC Executive Director David Kegoro said IEBC and its secretariat should be disbanded before the next elections to pave way for discussions on how to formulate a new independent electorate body.
Kegoro said that the leadership of the secretariat needs to be reformed and for that to happen the leaders need to go.
Kegoro said that IEBC chairman and his team need to prepare for a transition from office to allow Kenyans deliberate a way forward in formulating a new electoral body.
Kegoro who was speaking during the Annual Jurist Conference in Mombasa said that IEBC failed to manage their internal affairs where they were in charge and resulted to nullification of presidential results by the Supreme Court.
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He said that a significant number of Kenyans are angry at how the IEBC conducted the past two general elections that saw the Supreme Court nullify presidential results and later upheld the elections.
“Chebukati and his team faced external interference as they prepared for the elections but they have not helped themselves by the way they have managed their internal terrain where they are in charge,” said Kegoro.
“If I was Chebukati and his people at IEBC I would put up a plan for more changes. Basically they should put in place a transition plan because there is a significant number of people who are angry at how the elections were managed,” he continued.
He said Kenya will need time to prepare for the next elections preferably without the IEBC interference.
“I think Chebukati should tell Kenyans within what period the commissioner will vacate office to allow the country to have a substantive conversation that is not tied down to the commissioners of the IEBC,” said Kegoro.
However Chebukati dismissed Kegoro’s remarks as personal views not reflecting the views of Kenyans and said there was a laid down procedure that dictates how they should vacate office.
Chebukati said that the commission was in office legitimately in accordance to the constitution and set laws.
“At the end of the day the commissioners are in office because of their competence, they did not just come into office, they were interviewed and brought into office by the nature of the constitutional provision and clear guidelines as to the term of office,” said Chebukati.
The Chairman said IEBC did a commendable job to be able to hold two elections within a period of three months and the Supreme Court had just confirmed so in their ruling.
“As a commission we believe we did two elections in three months which is a commendable effort as an electoral body and I don’t believe there is any electoral body in Africa that has been able to do so,” said Chebukati.
“I also believe that the Supreme Court has by its determination confirmed that the elections carried out on October 26 2017 were properly conducted within the constitution and the law,” said Chebukati.
He said the commission has the eyes on the ball and are focusing on strengthening the commission so that come next general elections IEBC will be better placed to manage the polls.
“Right now we have the eyes on the ball and we want to focus on strengthening the commission so that come the next general elections IEBC will be better placed to manage elections,” said Chebukati.
He said the commission will be able to give Kenyans a roadmap on the grey areas raised by the Supreme Court once the full judgment is delivered.
Chief Justice David Maraga in his speech read in his absence said that Africa has continued to experience violation of human rights due to poor implementation and enforcement of human right laws.
“Despite of the good laws enacted in the continent, implementation and enforcement remains the biggest challenge resulting to civil strife, hunger and starvation, poor health, poor education among other challenges,” said Maraga.
He urged the jurists to play their role in ensuring that the laws that are enacted in the continent reflect the living standards and conditions of all African citizens.
