IEBC decries lack of independence as referendum question lingers

Lack of political support, poor legal framework and delayed funding are undermining operations of the Independent Electoral and Boundaries Commission.

The concerns were raised yesterday by various stakeholders during the launch of IEBC’s The Post-Election Evaluation Report. The report revealed that the electoral body has been deprived of financial support by the national treasury, leading to inadequate preparedness for future elections.

IEBC chairperson Wafula Chebukati lamented that the commission was at the mercy of the treasury that only remits money months to elections despite many requests by his office for continuous funding.

“Treasury only releases money a few months before elections yet we need money throughout the election cycle,” said Chebukati.

Chebukati gave an example of the demands by Kenyans to open servers regarding the disputed August 8, 2017 elections whereby he said his commission was financially incapable to facilitate the audit of the servers.

“We need external consultant to audit server and give it to Kenyans but we need money for that and other electoral related activities,” said Chebukati.

He said the lack of continuous funding was also contributing to the expensive elections in Kenya saying the election materials that should have been reused in the next elections were often discarded due to lack of maintenance.

“Our elections are expensive because of the use of technology... If facilitated by treasury, we can be able to repair and maintain the infrastructure in place to be reused,” explained the chairperson responding to calls to reduce the expensive cost of voting in Kenya.

National Assembly Majority Leader Aden Duale, Justice and Legal Affairs Committee chairperson William Cheptumo, Senate Speaker Ken Lusaka and former Chief Justice Dr Willy Mutunga raised concern over costly  elections in Kenya noting Sh54 billion was spent in the 2017 elections.

Duale, Lusaka and Cheptumo said they will ensure that the national assembly and senate assist IEBC to access funding for its operations.

“There is lack of legal framework to establish a selection panel to recruit the vacancies of the commissioners who have left office,” said Duale.

He added, “National assembly is ready to do as required. We shall assist you in consultation with the treasury.” 

It also emerged there was a poor legal framework to support the operations of the commission especially on the replacement of the four commissioners and the referendum question.

The vacant positions include those created by IEBC vice chairperson Connie Nkatha and commissioners Paul Kurgat and Margaret Mwachanya who resigned early last year. Commissioner Roselyne Akombe resigned in 2017.

Duale also said there was no law on referendum that can allow IEBC to conduct the exercise if Kenyans were to decide to make such a decision.

“I have asked the chairman of the Justice and Legal Affairs Committee to fast-track the legislation subjects (on referendum and recruitment of the commissioners) so that we can subject them to public participation and other stakeholder engagement,” Duale said.

However, Chebukati also recommended for other legal changes including reforms on presidential elections.

Cheptumo said his committee will meet next week to discuss the legal framework in relation to the referendum question.

Cheptumo said there was a pending amendment bill on IEBC on filling vacancies of the four commissioners that would be concluded by next week adding that parliament will ensure proposed electoral legislations were passed before the year ends.

On his part, Mutunga said hard-lined positions on elections by self-centered political ambitions had led to election-related conflicts which were driving a wedge between Kenyans.

“Elections have become corrosive…and existential rather than civil contest. This militarisation of politics has made courts and security agencies to determine power rather than the people,” noted Mutunga in his keynote speech.

“An institution can only speak of independence if free from executive control. IEBC Fund should be operationalised without further delay,” added Mutunga who also recommended a multisectoral legal framework to address issues that the commission faces.

The report launched yesterday at KICC was an assessment of the conduct of the August 8, 2017 general election and the October 26, 2017 fresh presidential election.