The journey to form the next Independent Electoral and Boundaries Commission (IEBC) is finally underway, as the first four candidates put their best foot forward to convince their suitability to hold the chairperson position.
One of the candidates, former Chief Registrar of the Judiciary Anne Amadi, not only defended herself on corruption claims raised but also a petition sent to the Nelson Makandi-led selection team, questioning her suitability to serve as the IEBC chairperson.
Similarly, former Commission for the Implementation of the Constitution (CIC) chairperson Charles Nyachae fought off claims that he is a State candidate and a petition by Bunge la Wananchi, accusing him of failing CIC, corruption allegations, conflict of interest and political patronage, among others.
On her part, Amadi put on a spirited effort to clear her name, saying she was not involved in the Sh89 million gold scandal or any other violation, terming the allegations as an attempt to shake her.
Extremely serious
“It is true there was an order that was issued freezing my accounts and I agree with you that the allegations are extremely serious. There was no reason for me to be in that case and being named as the first respondent because the firm that was involved, I resigned from it in 2014,” she told the panel.
She said she was busy in the Judiciary and had no time to get involved in any form of private business, adding that it was a malicious attack and when in public service, someone must be ready for such eventualities.
“Public service, at certain levels is not for the faint hearted so it was an attempt to shake me and mudsling my reputation because I have upheld my integrity. I do not have skills in gold trade and had nothing to do with it. For the interest of this panel, I came with copies of the decision of the High court and Court of appeal, which found that I had nothing to do with it,” she explained.
Amadi told the panel that she is confident and prepared for the challenge, as she seeks to hold yet another high voltage position in IEBC.
She said that she is not only able to take pressure but also has high emotional intelligence and is a unifying factor, keen on reaching out critical players for constant engagement, if picked to be the next IEBC chairperson.
Similarly, she said that a lot needs to be done to restore public trust in the IEBC and to get to levels that Kenyans are able to trust outcomes.
“I have come from a high voltage position and I’m conscious of the fact that IEBC is also high voltage. I consulted within myself and decided that I wanted to give it a try. I have been tested and tried and have undertaken high voltage national processes related to the transition of two presidents in this country and did it successfully under immense pressure,” she said.
In some of her proposals, Amadi called for reduction in the number polling stations by half, arguing that it would help reduce election costs and suggested that the current 46,232 stations be reduced to 22,000.
She made reference to voter turnout trends in elections, saying, on average, about 65 per cent of registered voters show up to vote and recommended that IEBC be allowed to increase the number of voters per polling station from the current 700 to 1,000 as an administrative measure.
“Reducing the number of polling stations would lead to fewer resources being required, including security, transport, staff, and ballot boxes. When the number of polling stations is fixed at the current level, the budget doubles unnecessarily.”
On the other hand, Nyachae said that as much as he has served in other senior capacities, he is not before the panel from the perspective of looking for a job but he reflected long and hard, noting that at his age, he would try to get a less ‘dramatic’ job.
Nyachae said he chairs the council of Kenya School of Government, which makes him a public officer and was not sure if that makes him a State officer.
“I’m not sure what a State candidate is but I made this decision to run. When someone talks about a State candidate, they are actually insulting this panel, you are the people to decide who among the people you have interviewed will be recommended to the appointing authority, the idea of a State candidate is foreign to me,” he affirmed.
He insisted: “The reason I am offering myself is because I remain passionate about the Constitution and believe the electoral process is the backbone of democratic architecture that Kenyans envisaged. I believe I have something to offer to Kenyans arising from training, experience and passion for the constitution. I would not be as arrogant to imagine that I’m the only one can do job, I’m just saying I’m available and would be committed.”
He was also tasked to explain whether he would quit from the chairperson position, which is high pressure job, as he did when he served at the East Africa Court of Justice (EACJ), where he was earning $2,000 (Sh260,000).
But Nyachae said he does not see a scenario where he will not have work to do, adding that his mind is clear and if accepted, he will be guided by the constitution and will also take an oath of office.
Bed of roses
“No, I will not quit because I do not anticipate a situation at IEBC that the job for which I have been recruited if I become chairperson, I will not have anything to do.
‘‘I have endeavoured to explain what happened at EACJ. At IEBC, the one thing that will not make me quit is any kind of pressure because this is something I have given thought to. I’m not applying for this job thinking it is a bed of roses,” he explained.
The Bunge la Wananchi petition states that he failed Chapter Six integrity test to scandals including extra marital affairs and child support law suits, financial impropriety linking him to Proctor and Allan, where he defaulted Sh3.7 billion loan, he lacks public records and failed to implement key reforms and will add nothing new to IEBC.
The petitioners accused him of conflict of interest, with political patronage and may not be objective in a presidential election, in addition to lacking public trust.
But in his defence, Nyachae said that this public process is bound to have such accusations.
On Proctor and Allan, he explained that he has never had anything to do with its management and is a shareholder in an investment company that has shares in the company, thus no direct relations with it adding that the memorandum is motivated by ‘‘ill will and not supported by the truth’’.
“The allegation that I failed in CIC is an insult not so much as a candidate but to people I worked with, to say there is nothing we achieved. There was an allegation of me being related to someone who they say is going to be a presidential candidate. I’m very clear in my mind none of those allegations have any basis,” he responded.
Elections disputes
Another candidate, Abdulqadir Lorot, currently a Chief Magistrate at Naivasha law courts, said he possesses skills in competence and teamwork, given that he has managed elections disputes before and will seek to push for longer presidential petition timelines since the current 14 are insufficient.
He also said he is suitable for the position because he has experience working within the Judiciary, where he has carried out his duties with utmost integrity, efficiency, and professionalism.
“I am not just a good candidate but also professionally qualified for the position. I am very strict about integrity. I have a very good wife, one of the things she has told me, is that I should never come home with corrupt money because that will affect my children and everybody else,” said Lorot, who has served in the Judiciary for 23 years.
Edward Katama Ngeywa, who was the last candidate for the day, was short and precise in answering questions. He assured of providing leadership, improving communication strategies, consultative planning and having proper procurement plans.
Ngeywa, who has been serving as Director for Legal Services at the Trans Nzoia County Assembly, said the task ahead is tight and will require working overtime, enhancing capacity, improving technology and strategic planning.
“We have not had commissioners for two years and we are going to be required to undertake work of five years in two years.
‘‘The time available is a very serious risk. There are pending serious constitutional issues including by elections and delimitation of boundaries,” he said.
The interviews continue today with four candidates Erastus Edung Ethekon, Francis Kakai Kissinger, Jacob Ngwele Muvengei and Joy Brenda Masinde-Mdivo.