The Opposition and Jubilee coalitions Thursday differed sharply on the culpability of the electoral body commissioners.
Jubilee insisted that the electoral commissioners were innocent of allegations of incompetence as claimed by CORD that detailed its case against the poll officials in a 2,500-page memorandum presented to a joint select committee of Parliament.
While the two coalitions appeared to find a common ground that the Independent Electoral and Boundaries Commission chiefs should be given a soft landing in case of their exit from office, each held a different opinion on the liability they should carry with regard to claims that they were incompetent to run the next General Election.
The Jubilee coalition told the Parliamentary select committee investigating allegations against the commissioners that it has no bone to pick with them, claiming they were victims of a “smear” campaign. The team led by Fafi MP, Mohammed Barre Shill and The National Alliance Secretary General Onyango Oloo told the committee that while it favours a tribunal route in the removal of the commissioners, any of them who voluntary wishes to exit should be given their full benefits.
“We in the jubilee coalition are curious just like other Kenyans and would like to know the specific allegations made against the commissioners of the IEBC. However, what we know is that there has been rather vague, but cleverly orchestrated and sustained smear campaign designed to destroy the public’s confidence in the IEBC. Their nefarious campaign has been a roaring success,” said the coalition.
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Full benefits
“Any commissioner, including the commission secretary who chooses to voluntarily retire should do so with full benefits upon resignation in line with the legal opinion and any guidelines offered by the Attorney General and the National Treasury,” Jubilee said in its memorandum given to the committee, co-chaired by Senators James Orengo (Siaya) and Kiraitu Murungi (Meru).
While Jubilee insisted that any removal from office of the commissioners must be in line with Article 251 of the Constitution, which provided guidelines on removal, CORD’s representatives opposed any such move, arguing that the process of removal should follow a political route.
Led by lawyers Paul Mwangi and Anthony Oluoch, CORD said that public confidence in the commission has ebbed irretrievably, and it would be “suicidal” to let the current commissioners conduct the next elections.
“We are not seeking to establish criminal or civil responsibility against any person. We need to show you that IEBC has performed so badly that you will not want to entrust them with an election. We are trying to show that in public interest, the commission must be reconstituted,” said Mr Mwangi.
“We cannot approach the issue through the provisions of Article 251. These are unprecedented circumstances and the way to go is through a negotiated settlement,” said Mr Oluoch.
The two coalitions also differed sharply on the process of recruiting new commissioners. While Jubilee wants the process to be non-political, CORD said that appointments to the selection panel should be based on parties’ parliamentary strength.
