The Independence Question And Why IEBC Has Bolted Out Of CJ Koome Led Team On Poll Preparedness

NAIROBI, Kenya, Nov 30- The activities of the National Multi-Sectoral Consultative Forum (NMSCF) on Election Preparedness was on Tuesday thrown into a spin after the Independent Electoral and Boundaries Commission (IEBC) withdrew from “further engagements” with it.

With the withdrawal, the forum has now been left with representatives of the Executive led by Interior Cabinet Secretary Dr. Fred Matiang’i and Chief Justice Martha Koome, who is the chairperson.

In a letter addressed to Principal Secretary Karanja Kibicho and seen by Shahidi News, IEBC chairperson Wafula Chebukati said the forum infringes on its independence.

Already, Deputy President William Ruto had raised concerns over the forum and specifically with the role of the Chief Justice, who is likely to deal with an electoral dispute after the August 2022 elections.

But the Chief Justice has vowed to stay put and continue leading the forum, which might be rendered redundant without a key electoral player like IEBC.

In the letter, Chebukati said the electoral body is not subject to direction or control by any person or authority.

“After consultations and in-depth critical appraisal of the Terms of Reference (TORs) of the National Multi-Sectoral Consultative Forum (NMSCF) on Election Preparedness and the Technical Working Committee (TWC) of the NMSCF on Election Preparedness, the IEBC would wish to respectfully withdraw from further engagement in the activities of the said NMSCF and TWC,” he asserted.

The move is likely to cause both confusion and political storm, over the timelines of the move and expected repercussions if any.

He said only IEBC has the primary responsibility of ensuring the implementation of the general principles for the electoral system as espoused in Article 81 of the constitution.

“Whereas we recognize that the success of the electoral process is largely determined by Stakeholder engagement at all levels, we must respectfully point out that a number of TORs of the NMSCF and TWC have the net effect of violating the constitution by purporting to direct the Commission on how to discharge its mandate contrary to Article 88 of the constitution which clearly outlines the mandate of the Commission,” Chebukati said.

“We must respectfully point out that the NMSCF as currently constituted has pushed the IEBC to the periphery while giving centre stage to other institutions,” he said.

He assured that the “Commission will execute its primary role in planning and putting in place measures and mechanisms to ensure simple, accurate verifiable, secure, accountable, impartial, efficient, credible and transparent election.”

His argument, he said is anchored on the constitution, which he said IEBC just like any other commission and the independent office is subject to.

He said the forum, “apart from infringing on the independence of the commission, has assumed the role of other institutions, notably, the Parliamentary Departmental Committees, particularly the Justice and Legal Affairs (JLAC) of the National Assembly.”