New IEBC commissioners must be beyond reproach and selfless

Assuming that the process hits no legal roadblocks, the panel should be interviewing potential candidates in the next one month. In the spirit of public participation, I want to suggest three qualifications that the selection panel should look for in the team to guide us into what promises to be a hotly contested election in 2027, over and above the requirements set out in the Constitution and the statute.

Firstly, the successful candidates must be persons of undeniable competence; denoting the ability to accomplish tasks successfully and efficiently. It is not enough that one has the papers to prove technical competence, one must show that with regard to governance and oversight in such a serious constitutional role, they have the capacity, evidenced by previous accomplishments, to undertake the task effectively. In the words of 1st Timothy, let them “first be proved”.

Secondly, the successful candidates must be people of wisdom, sobriety and fortitude. Overseeing elections, especially in Kenya, is not just a technical role, it also requires someone with good sensible, intelligent judgement and courage. The electoral process incorporates, laws, rules, people, power, politics, money; all ingredients for temptation and a pressure filled working environment. It is not an environment for the faint hearted or for the reckless.

I know this is controversial, but we do not wish to have a reckless decision like one made by a Kenyan court that nullified a presidential election without balancing the dictates of law with the dynamics of stability and the possible consequences of its decision, including “heaven falling”.

Sometimes there are larger considerations beyond positive law. On its part, fortitude speaks to courage which must always be balanced with wisdom.

For instance, appointments of this nature are, unfortunately, always based on some level of political partisanship. One can never completely ignore political interests, and in situations of discretion, where there’s no violation of law, the real world understands some reasonable, rational partisanship.

But it is a mark of fortitude to say No even to one’s benefactors, if the interests of the country out-balance political partisanship. Such fortitude and wisdom comes from provable exposure and experience. 

Finally, the successful candidate must have a reputation to protect. I am not just speaking of integrity, that goes without saying. I am addressing an issue that goes beyond integrity, beyond being above reproach, I am speaking of the need to protect a good reputation earned over time.

When money, position, power or politics put pressure to make decisions that are bad for Kenya, the person must be able to say, no; my name is worth more than that.

The successful candidate cannot therefore be a person looking for a job, but one who does not need it. Even as I write this, I know an IEBC appointment is a death sentence to one’s reputation.

Many capable, worthy Kenyans will avoid applying knowing that they will be harangued, disparaged and condemned, whichever way the elections go and however well they perform. What will sustain someone in those lonely difficult times is the knowledge that to the best of their ability, and before God and their conscience, they served the country well. Over to Dr Makanda and his team.

-The writer is an advocate of the High Court of Kenya