Opposition chiefs Kalonzo Musyoka, Martha Karua and Eugene Wamalwa have warned that they would reject the new Independent Electoral and Boundaries Commission (IEBC) chair if they would not be involved in the appointment.

The leaders accused the Kenya Kwanza government and its allies of trying to capture the electoral management body to rig the next election by controlling the IEBC recruitment process.

“We can go as far as saying he (President Ruto) is trying to recruit a William Ruto Commission instead of an Independent Electoral and Boundaries Commission, this nefarious exercise we believe is intended to manipulate or rig the next general election to perpetuate the continuation of the Kenya Kwanza regime that has lost the trust and confidence of a majority of Kenyan people,” they said in a joint statement.

Recruitment process

According to them, the recruitment process for the chairperson and commissioners left out Kenyans with credible qualifications and experience, opting instead for individuals with questionable credentials and others with partisan interests.

“There are serious allegations of integrity and grave inherent conflict of interest. A number of the selected applicants are members of the executive structures of UDA and ODM and have, in the last three years, been beneficiaries of skewed public appointments by William Ruto and some by Raila Odinga. We wish to point out the case of Joy Mdivo; she has been the chairperson of the UDA internal dispute resolution committee,” they said.

“It is clear that Ms Mdivo is not eligible for consideration for appointment as IEBC commissioner as stipulated in Article 88, 2A Roman 2 of the Constitution. Given the clear position articulated in our supreme law of the land, why was Ms Mdivo shortlisted by the IEBC selection panel?” they asked.

The Constitution states that a person is not eligible for appointment as a member of the Commission if the person has held office or stood for election as a member of the governing body of a political party at any time within the preceding five years. 

Another questionable application is that of the president’s personal advocate, Katwa Kigen, who is set for an interview as a possible commissioner.

“Given that Ruto’s personal advocate is also set for an interview as a possible commissioner, we ask how can a person bound by the principle of client confidentiality be expected to discharge his constitutional duty, free of actual or perceived conflict of interest,” they questioned. The principle of client confidentiality prevents an institution or individual from revealing information about their clients to a third party without the client’s consent or an apparent legal reason.

These raise the question of whether NIS was involved in the selection process, and if so, they raise doubts about the quality of their advisories. 

Selection panel

“We challenge the IEBC selection panel to categorically explain how Ms Mdivo and Katwa Kigen were shortlisted and the role if any of the NIS in the selection process,” they said.

They also called for consultation with the opposition, headed by Kalonzo now that the ODM party has been coopted into the broad-based government.

“We further demand that the principle of consultation and concurrence be implemented before the final appointment of the commissioners between Ruto and Odinga on one side and the opposition, which reflects the country’s current reality,” they said. The Peoples Loyal Coalition has accused the Kenya Kwanza government and its allies of trying to capture the electoral management body to rig the next general election by controlling the IEBC recruitment process.

“We can go as far as saying he is trying to recruit a William Ruto commission instead of an Independent Electoral and Boundaries Commission, this nefarious exercise we believe is intended to manipulate or rig the next general election to perpetuate the continuation of the Kenya Kwanza regime that has lost the trust and confidence of a majority of Kenyan people,” they said in a joint statement.

Credible qualifications

According to them, the recruitment process for the chairperson and commissioners left out Kenyans with credible qualifications and experience, opting instead for individuals with questionable credentials and others with partisan interests.

“There are serious allegations of integrity and grave inherent conflict of interest. A number of the selected applicants are members of the executive structures of UDA and ODM and have, in the last three years, been beneficiaries of skewed public appointments by William Ruto and some by Mr. Odinga. We wish to point out the case of Joy Mdivo, she has been the chairperson of the UDA internal dispute resolution committee,” they said.

“It is clear that Ms Mdivo is not eligible for consideration for appointment as IEBC commissioner as stipulated in Article 88, 2A Roman 2 of the Constitution. Given the clear position articulated in our supreme law of the land, why was Ms Mdivo shortlisted by the IEBC selection panel?” they asked.

The Constitution states that a person is not eligible for appointment as a member of the Commission if the person has held office or stood for election as a member of the governing body of a political party at any time within the preceding five years.

Another questionable application is that of the President’s personal advocate, Katwa Kigen, who is set for an interview as a possible commissioner.

“Given that Ruto’s personal advocate is also set for an interview as a possible commissioner, we ask how can a person bound by the principle of client confidentiality be expected to discharge his constitutional duty, free of actual or perceived conflict of interest,” they wondered out loud.