Why Cord’s anti-IEBC war could prove tricky

Posted by: The People in Kipkoech Komugor, Political July 21, 2013 0

BY KIPKOECH KOMUGOR

THURSDAY’S drama involving the Independent Electoral and Boundaries Commission (IEBC) commissioners when they appeared before the National Assembly’s Legal Affairs Committee was yet another bump on the rough patch that the electoral body has been going through since the March General Election. While the refusal by the Commissioners to take an oath before presenting their report – the final vote tally of last March 4 General Election – may have appeared as storm in a tea cup, the incident was symptomatic of an organisation that is struggling with a myriad problems, some of its own making and others created by external forces.

Although the High Court dismissal on Friday of a petition filed by Makueni senate aspirant Kethi Kilonzo against the IEBC tribunal’s ruling on her candidature must have been a welcome reprieve, the Commission’s troubles are far from over. Since the bitterly contested March 4 polls, the Commission has been grappling with several problems, including allegations of infighting, credibility of the elections and integrity questions. The main opposition coalition, Cord, has not helped matters by openly declaring its lack of faith in the IEBC and even seeking its reorganisation.

Amid the growing troubles, the electoral body could be facing a huge burden of by-elections in the next three months or so. There is an unprecedented number of election petitions – more than 180 – currently being heard in courts across the county. They include petitions against 71 MPs, 12 senators, 23 governors, nine women representatives, 65 county representatives and four speakers. Even if the courts rule in favour of just a quarter of the petitioners, the ensuing by-elections would be something of a mini-election.

Recount

Already, Kalembe Ndile’s petition in Kibwezi West against the election of Patrick Musimba has been ruled in his favour after a vote recount revealed that he had 118 votes more than Musimba. The High Court is expected to make a ruling to either declare Kalembe the legitimate MP or order a by-election. A by-election is also expected in Mnagei Ward in West Pokot after the election of James Limanyang as the county representative was nullified by a magistrate’s court.

All petitions are expected to be decided by October, in line with the election law which stipulates that DOUBLE EDGED From page 21 Will Cord trust IEBC with mini General Election? petitions must be heard and decided within six months of being filed. IEBC will test the waters with its first post-March 4 by-election in Makueni to replace Senator Mutula Kilonzo who died in April. Makueni will be a test case for IEBC in more than one way.

For one, the saga that followed the nomination for the by-election has served to antagonise IEBC against the Cord side of the political divide. While Cord’s suspicion of the electoral body began in March after Jubilee’s Uhuru Kenyatta was declared the winner of the presidential contest, the saga over the legitimacy of the Coalition’s candidate in Makueni has served to aggravate the situation.

Cord leaders have called for the disbandment of IEBC like its predecessor Electoral Commission of Kenya (ECK) which was shown the door after the disputed 2007 General Election. They have also threatened to boycott the next General Election if the same Commission will be in charge. “The country cannot afford to go to any other election with the current IEBC, fundamental reforms and changes need to be carried out. We will withdraw our candidates from contesting because we either have competent elections or we don’t,” ODM leader Raila Odinga was recently quoted as saying.

He added, for good measure, that IEBC is the most incompetent electoral commission ever. Even as it rubbishes IEBC ostensibly ahead of the 2017 elections, Cord has not been clear if it will trust IEBC with by-elections not just in Makueni but those expected to arise from successful petitions. That is another reason why the Makueni will act as a test case for IEBC. Another test for IEBC’s credibility is the petitions.

The success of a large number of them would not only have the effect of further denting its image, it would also place on its shoulder a virtual mini-election. Since such a mini-poll is likely to have an effect on the balance of power in the National Assembly, the Senate and in the counties, the stakes would very high and IEBC would be under pressure to deliver credible results.

While the Supreme Court ruling on the presidential petition and the High Court ruling on the Kethi’s petition against the IEBC tribunal may have ruled in favour of the Commission, the two cases in themselves dented the Commission’s image. In the case of the presidential petition, the failure of IEBC’s electronic equipment which Cord used as part of the evidence to build its petition case, was one area where the Supreme Court found wanting and recommended investigations.

Procurement

In April, Director of Public Prosecutions Keriako Tobiko ordered the Ethics and Anti-Corruption Commission (EACC) to institute a probe into the procurement of electronic equipment used in the elections and which malfunctioned. Although IEBC was exonerated by the High Court on the Kethi petition, the circumstances surrounding the saga in themselves are sufficient not just to embarrass the IEBC but also take a toll on its credibility rating.

The Public Procurement Oversight Authority (PPOA), the Auditor General and Parliament’s Public Accounts Committee (PAC) are also carrying out investigations into the matter. Late last month, EACC CEO Michael Mabea claimed that IEBC was reluctant to release documents relevant to the investigations, claims which the electoral body denied. On the Makueni case, questions on how the Wiper candidate ended up being cleared to run for the Makueni seat in the first place should be a cause for soul-searching at IEBC.

Questions are also being raised about what IEBC says was the theft of documents that facilitated Kethi’s “registration”. Is it possible that some IEBC officials had colluded to facilitate the fraud? These are some of the questions that are expected to be answered by an investigation that is being carried by the CID. Whatever the outcome of the investigations by the EACC and CID, IEBC would still need an image spruce up if it will regain and maintain the high rating that it enjoyed before the March 4 General Election.