A rushed interview process yesterday led to the nomination of lawyer Cecil Miller to head the new Independent interim Electoral Commission while some of his competitors claimed foul play, “It was a stitch-up”, alleged one candidate. He claimed that he had been told on Monday evening that, Miller would be ranked top with Kaparo second and Muli third. Miller was selected from a short list of eight candidates- Francis ore Kaparo, Maina Klai,Wachira Maina, Dr, Koki Muli, Alice Yano, Jackson Kagwe and Murshid.
The interviews were conducted by the 27 members of the Parliamentary Select Committee on Constitution chaired by Abdikadir Mohammed, MP for Mandera Central. Some candidates alleged that the committee did not seem very focused and some MPs even chatted among themselves during the interviews. The interviews averaged between six and 10 minutes in length. The candidates were each asked three questions: what are your academic qualifications?; what do you think are the challenges of the job? and why do you think you are the right person for the job?
The interviews started at County Hall in Parliament at exactly Sam although some candidates arrived at 6am as requested by the PSC. The first to be interviewed was Maina Wachira while the last was Miller. The interviews ended before 9am and the decision was announced at 9.15am. Although the PSC ranked the top three as Miller, Muli and Kaparo in that order, they might only table one name in Parliament as they did with the Committee of Experts last week.
President Kibaki would then formally appoint Miller in consultation with the Prime Minister Raila Odinga. Lawyer Paul Moire, who once chaired such a committee, says the PSC can only table one name together with a report of the interview process for either adoption or rejection by Parliament.
“PSC will only table one name because it is a committee of the Houe. The House cannot do its work. Once Parliament approves the name, the president has no discretion other than to appoint him,” Moire said. There were 43 applications for the post of IIEC Chairman which were whittled down to the short list of eight by recruitment specialists Manpower Services, Former Electoral Commission Vice-Chairman Gabriel Mukek did not make the shint list. One candidate alleged that the short list submitted by Manpower Services only had six names and did not include Cecil Miller. Officials were not available for comment yesterday.
During a press briefing at his Bruce House offices yesterday afternoon, the 39 year old Miller, son of the former Chief Justice Cecil Miller, expressed joy that the PSC had chosen him. “It was an eminent list and each candidate was experienced and qualified in his or her own right, I believe that PSC had their own criteria which they used to arrive at me and on which I am not qualified to comment,’ he said. He denied claims that powerful people within the PNU coalition pushed for his nomination against his competitors. Immediately, some losing candidates led by Dr Muli claimed they were discriminated against although they believed they were better qualified than Miller. “Some members of PSC later told toe I did better than him and I am better qualified. They said I lost because I aint a Kamba like the past chair and because I come from the civil society,” she said.
Other sources within the PSC claimed that it was felt that some candidates like Kiai and Midi were too independent to be trusted with such a job. Muli, the head of the -Institute for Education in Democracy for six years until March last year, has worked on election matters since 1992 and has acted as an official election observer in many African countries. She is one of the few BRIDGE (Building Resources in Democracy, Governance and Elections) trainers in Africa. Maina Kiai is a renowned human rights lawyer who served as the chair of the Kenya National Commission on Human Rights until last year. He was probably the most vocal critic of the ECK in -January last year.
Kaparo, the former Speaker of the National Assembly, said he was satisfied and referred any queries to Mohammed -Abdikadir and his committee. “I absolutely have no complaint. Like any contest, there had to be a winner. I made my humble contribution and wish the winner all the best,” Kaparo said on the phone. PSC chairman Abdikadir Mohammed explained that they had settled on Miller because of his experience in electoral matters. ‘ Miller spent six months as legal counsel to the Kriegler Commission last year. “We went to over 36 towns in five weeks and, spend months at the formal hearings. Due to my involvement with the commission, I believe I am most qualified to implement these reforms,” Miller told the’press • yesterday. “I received the news of my nominations with joy. I am not however under any illusion of the heavy task ahead including redeeming the integrity and credibility of election management, if I am confirmed,” he said.
Miller was admitted as an advocate on 6 June, 1996 and founded his own law firm Miller & Co two years later. He did his 0 levels at St. Mary’s School in Nairobi before proceeding for A levels at Alliance High School between 1987 and 1988. He holds an LLB degree from the University of Warwick in UK, an LLB masters from Kings College in London, and a • postgraduate diploma from the Kenya School of Law. His masters is in international law with • emphasis on international environmental law, international economic law, UN law and legal aspects of international finance. Miller and Co handles the business of Barclays Bank, Chase Bank, Housing Finance Company of Kenya; Cooperative .Bank and Family Bank. He also handles matrimonial cases; adoption, support and maintenance of children; Mohammedan law; as Well as civil and criminal litigation.
During the Goldenberg Inquiry in 2003, Miller represented the Deposit Protection Fund Board after the collapse of the Trait Bank, Trade Bank and Pan African Bank as a result of the scam. In 2005, Miller acrimoniously parted from his wife who reported at the Central Police Station that he had beaten her up. The two eventually separated and Miller then married an associate in his law firm. Before the Krigler Commission, he had no special experience of electoral or constitutional law.
Minutes before yesterday’s interview, Miller allegedly borrowed a copy of Constitutional amendment that created the Independent Electoral Commission. ‘ “He told me that he did not know that section of the constitution and wanted to have a look at it before entering the interview room,” said the fellow candidate. Koki Muli said the interviews were a sham. “I expected a professional interview but what I found was nothing close to that. It was brief and members seemed uninterested and did not even ask probing questions. I think they had made up their minds long before the interview,”-said Koki.
Koki said site was shocked that the committee -picked Cecil Miller yet is her opinion he did not qualify. “Miller told me that the best he had come close to doing electoral work was during the Kriegler Commission”, she said.
