PSC is set to unveil the chairman of the Interim Independent Electoral Commission today after 21 candidates re-applied for the position.
The front-runners who will be battling it out for the position earlier secured by city lawyer Cecil Miller whose name parliament rejected amid controversy, include former National Assembly Speaker Folds Ole Kaparo, former chairperson for Multi Party Democracy Koki Muli and former Constitution of Kenya review Commission member Alice Yanu.
Others who competed alongside Miller then were Wachira Maina, Murshid Abdalla and fackson kagwe who are still in contest for the job. Mulli and Kaparo, came in second and third respectively after Miller was appointed only to be rejected when his name was associated with member and Garsen MP Danson Mungatana,having represented the latter, The House voted to reject Miller’s name from the floor of the House when members, led by PSC member Millie Odhiambo led an onslaught against him.
The MPs voted on division to reject Miller’s name with those against his nomination polling 59 to 58 for those in support thus forcing PSC to revisit the matter without the city lawyer’s name. The voting renewed rivalry between Orange Democratic Movement and Party of National Unity with MPs allied to the Orange party voting against Miller on grounds that he was sympathetic to PNU. On the other hand, most of PNU legislators rallied behind Miler, saying he had what it takes to bring the much needed electoral reforms and accused ODM of politicising the issue. This morning, the 27 member PSC chaired by Mandera Central legislator Abdikadir Hussein will shortlist and possibly appoint one out of the 21 applicants to fill the position left by disgraced Electoral Commission of Kenya chairman Samuel Kivuitu whose team was disbanded when parliament passed a constitutional amendment bill in December 2008. The committee will present the name of the chairman to Parliament once it resumes from recess for discussion and subsequent adoption before substantive appointment by the President.
The country has been operating on a constitutional vacuum without a functional electoral commission,prompting serious apprehension with pundits wondering what would happen in the event that a parliamentary scat falls vacant.The failure by the House to approve and name chairman of the IIEC placed the country to a potential crisis. Parliament had also rejected the names of Coast representative Suleiman Buko and Western’s Charles Masinde as commissioner to IIEC. Buko was rejected for having worked as a returning officer in Garsen constituency in the disbanded Electoral Commission of Kenya (ECK) while Masinde was accused of having worked for political party New Ford Kenya during the last General Elections. The exercise was further thrown into disarray when Charles Kilonzo filed notice of motion seeking to dissolve the Ahdikadir-led PSC team for failing to agree on an acceptable chairman. The House however, went on a recess before he could give notice of his motion.
Parliament was recalled on January 20 under special circumstances to deal with the establishment of a Special Tribunal to by suspected perpetrators of post-election violence, select members to the IIEC and experts to review the constitution. It was also expected to select nominees to the Interim Independent Boundaries Commission (IIBC) and
IIEC will take over from the defunct Electoral Commission of Kenya which was disbanded for bungling the 2007 presidential elections leading to unprecedented violence which left 1,300 dead and 350,000 displaced. According to the Krigler Commission which had looked into poll violence, the Kivuitu team was guilty of crimes of omission and commission during the 2007 General Elections. The Independent Review Commission (IREC) chaired by Retired South African Judge Johann Kriegler recommended for a complete overhaul of ECK to set stage for a leaner electoral body in order to improve efficiency in service delivery. Although all the 21 former ECK Commissioners were sent home, most of the former junior staff members have been integrated into the civil service after they distanced themselves from the bungled elections. However, the government has approved Sh400. million send off package for the commissioners. The first assignment for the IIEC is to conduct a by-election in Bornachoge constituency after the High Court nullified the election of former MP Joel Onyancha. The caretaker electoral body will also early out by-elections in a number of wards which have since fallen vacant. Last week, the Speaker of the National Assembly Kenneth Marende declared the seat vacant but the absence of tile electoral body means that the Homachoge constituency shall remain vacant until IIEC is fully constituted to facilitate issuance of writs as stipulated in section 13 of the National Assembly and Presidential Elections Act While declaring the seat vacant.
Marende expressed concern over the absence of an electoral body and challenged Parliament to hasten the formation of the IIEC in order to handle electoral maters in the country. IIEC will also organize a referendum in order give Kenyans a new constitution within a period of one year as promised by the Grand Coalition Government A Constitutional Review Committee has been appointed to harmonise issues in the Bomas and Kilifi drafts before subjecting them to a constitutional referendum. Unlike the IIEC, Parliament adopted the names of the committee of experts without any controversy and forwards to President Kibaki for appointment.
The committee is chaired by prominent lawyer Nzamba Kitonga with Atsango Chesoni as his deputy. Other members of the committee include former nominated MP Njoki Ndungu, Otiende Amolo, Abdi Rashid and Bobby Mkang,i, The local experts will be assisted by three foreigners namely Christian Murray (South Africa,) Gialoka Beyani (Zambia) and Fredrick Ssempembwa of Uganda.
