How independently can new IEBC nominees carry out their mandate?

The nomination of Erastus Edung Ethekon as the next Independent Electoral and Boundaries Commission (IEBC) chairperson, alongside six other commissioners, completes the controversial reconstitution of the agency in preparation for the 2027 General Election.

And as the clock ticks on the implementation of the overloaded in-tray that awaits them, their approval by the National Assembly, which is expected to be automatic as has happened in nearly all President William Ruto's appointments,  will bring to an end a two-year wait for the reconstitution of the electoral body.

="https://www.standardmedia.co.ke/national/article/2001518540/ruto-nominates-little-known-ethekon-as-iebc-chairman">But given the< political parties affiliation of some of the nominees, and their relationship  with the Head of State’s inner circle, questions are now emerging  on how independent the chairman and the commissioners will be in superintending the next general elections in a manner that will inspire public confidence.

The commissioners are Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol and Fahima Araphat Abdallah.

 “We have issues with some of the nominees such as Hassan Noor Hassan who we understand is a brother-in-law to National Assembly Minority leader Junet Mohammed. Such concerns have arisen due to lack of consultations,” Wiper Party leader Kalonzo Musyoka told The Standard on phone.

At the same time, Ethekon, the new chairperson, previously served as the County Attorney in Turkana, from 2018 to 2024, under the then county governor Josphat Nanok who is currently the  Deputy Chief of Staff in President Ruto’s administration.

During his tenure as county attorney, worked with Nanok and contributed to various legal and administrative initiatives within the county government. They would later both take part in national level engagements beyond Turkana. And now, Ethekon's nomination as the IEBC chairperson has been interpreted by some as a consequence of his longstanding association with Nanok, a key ally of the President.

Whereas the duo enjoyed significant administrative developments during their tenure in government, criticism has since emerged, with claims of inflated pending bills and questionable expenditure patterns. There is, however, no official report or evidence tabled directly linking Ethekon in any wrongdoing.

="https://www.standardmedia.co.ke/national/article/2001514642/my-age-is-a-non-issue-ethekon-tells-iebc-panel">During the vetting

On the management of the commission’s resources, Ethekon pledged to tighten internal processes to prevent misuse.

"I will tighten internal processes to ensure good management of resources,’’ he said.

When asked whether he was prepared for the pressure that comes with the job, Ethekon expressed confidence in his ability to handle the challenges.

"As an individual, I have the stamina, the strength and the mental capacity to withstand the pressures of the role. I am well aware (of what it entails).” 

Nderitu, another commissioner nominee, was the Registrar of Political Parties. Before her appointment as Registrar of Political Parties, Nderitu worked as the Head of Electoral Training at the  IEBC where she designed, coordinated and spearheaded the implementation of the electoral training programmes for all electoral officials and key stakeholders. In a single electoral cycle, her department was credited to having trained over 750,000 trainees in a cascaded approach.

At the Commission, she also worked as Director Voter Education and Partnerships where she designed and implemented all civic engagement programmes, voter education and stakeholder engagement programmes, working closely with political parties and candidates.

She then took up the role of Manager in Electoral Training where established administrative framework and structures of robust training of over 500,000 electoral officials, a position she held until her current role. She is also said to have contributed significantly to the establishment and completion of big projects at the Ministry of Education, the Commission and Registrar’s Office.

Nderitu has however been criticized for some of her decisions during her tenure as the ORPP and links with the Kenya Kwanza administration.

After the 2022 general elections, she found herself in the political storm in 2023 after the Azimio la Umoja coalition demanded for her resignation over claims of bias. Amid allegations of President William Ruto’s interference with the affairs of the former ruling Jubilee party, a party he as the DP had been kicked out of, Nderitu was accused of displaying favouritism amidst internal conflicts within Jubilee and operating at the whims of the Kenya Kwanza administration.

“The Registrar of Political Parties Anne Nderitu must leave office in view of clear manifestations that she has been co-opted into partisan and illegal schemes by Kenya Kwanza to cripple, instead of protecting, political parties. Anne Nderitu no longer enjoys the confidence of her clients, the political parties,” Azimio said.

But in her defense, Nderitu contended that the decision to uphold the resolution by the Jubilee National Executive Committee (NEC) to remove former Vice Chairperson David Murathe, Secretary General Jeremiah Kioni, and Kagwe Gichohi was legally justified.

“Azimio has a right to picket and do what they want. To us, we follow the law. We are a legal entity so the issue can only be discussed in a court of law. When the time comes for me to answer in court, I will defend myself,” she told The Standard on phone at the time.

“We do not work through intimidation. We work through the law. This is a State office. We must separate politics and law. In a dispute, a decision has to be made and that is what we did. Politicians need not destroy offices. If they have lost faith in something, let them address it in court,” she added.

In 2020, she had been criticized over the way she handled the decision taken by the Thirdway Alliance Party to expel Ekuru Aukot as party leader. Aukot had been expelled by the party over financial impropriety and lack of transparency.

Aukot protested the move, saying that the registrar agreed with the party’s decision despite an active case in court regarding his dismissal. Aukot also accused Nderitu of being biased and acting on pressure from “external forces”.

="https://www.standardmedia.co.ke/amp/national/article/2001517488/iebc-selection-panel-dismisses-reports-of-narrowing-list-of-commission-chair-to-four">The ORPP, however, She was recently crititicised following the removal of Cleophas Malala as the ruling United Democratic Alliance (UDA) party’s secretary general and his  replacement with Hassan Omar, who also serves in the East Africa Legislative Assembly.

According to party reports, Malala was removed from his position during a National Executive Council (NEC) meeting presided over by the party’s National Chairperson Cecil Mbarire.

Malala, however, insisted that his removal was an ouster orchestrated by Mbarire and leader of Majority Kimani Ichung’wah shortly after he opposed the removal of former Deputy President Rigathi Gachagua.

He also criticized the ORRP for effecting his replacement despite an ongoing case at the Political Parties Tribunal and later the courts although the High Court later okayed the removal.

As a candidate, Nderitu was questioned on her eligibility for the position as she was still holding a State office.

"In our advertisement, we specified that those holding State offices are not eligible,” said Andrew Tanui, a member of the IEBC Selection Panel.

"I am eligible because we are still in the interview process. I haven’t been appointed yet. If I am appointed, I will relinquish my position at the ORPP,” Nderitu said in a response.

She further pledged to focus on teamwork and strict adherence to the rule of law if appointed as commissioner.

As one of the nominees for the position, Nderitu emphasised that her approach to leadership would centre on collaboration and ensuring transparency in every process.

"I am a team player. It will be very easy to work as a commissioner because I believe an institution is only as good as how well the team works together," she said, stressing that building a strong team is essential for the smooth operation of any institution.

Nderitu highlighted the importance of following rules and regulations, especially in critical areas such as procurement.

"If I am part of the procurement committee, I will ensure the rules and regulations are followed and check if the team is adhering to the law," she said.

Hassan Noor Hassan, a former provincial administrator who was linked with the Sh5.8 billion scandal at the National Youth Service stirred fresh controversy after being named as part of extra six candidates whose names were sneaked into the IEBC selection panel’s shortlist right before the commencement of the interviews in early April. The others included Jibril Maalim Mohamed, Michael Ben Oliewo, Charles Kipyegon Mutai, Stephen Kibet Ngeno and Joel Mwita Daniel.

Out of the late entries, Hassan was the only one that made it to the final list presented to President Ruto.

He has previously served as Chief Administrative Secretary and provincial administrator. He also vied for the Mandera County gubernatorial seat in 2022 and flopped.

His checkered past has elicited questions over his integrity.

In 2019, he and former NYS Deputy Director General Adan Harakhe were among the 24 people Ethics and Anti-Corruption Commission(EACC) detectives arrested in connection to the Sh1.6 billion National Youth Service (NYS) scandal. He was accused to have committed graft when he was the ministerial tender committee chairman.

The officials were charged with abuse of office and conspiracy to commit an economic crime. This, EACC noted, concerned a payment of Sh47 million to Blue Star Limited for the supply of training materials which the prosecution said were irregularly tendered.

They were, however, acquitted of the unlawful disposal of public funds charges leveled against them.

Claims that he is related to Junet Mohammed have also surfaced but there has been no evidence provided to confirm the same.

Looking further back, Hassan, while serving as the head of the Mau Forest Interim Coordination Secretariat, was accused by a human rights lobby group of violating  the rights of indigenous communities that lived in the forest.

Minority Rights Group International (MRG), which is a non-governmental organisation working to secure the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide, decried what it termed illegal eviction of the Ogiek community from its ancestral homes in Mau Forest.

Hassan was said to have released the proposed eviction timetable that set out a total of 24,000 hectares to be “recovered” by December 31, 2009. Members of the Ogiek community the first to be targeted by the eviction.

Hassan defended himself saying he  was acting in line with a government resolve. 

Francis Odhiambo Aduol, another nominee, previously served as the Vice Chairperson of the Technical University of Kenya (TUK). While he has had a stellar record as an academician, he has faced some hurdles that have tainted his past.

While at the helm of TUK, it was alleged that in the last few months before his exit in May 2023, he employed and promoted over 400 members of staff without any advertisement for the vacancies. There was also no clear staff requirement to justify the new hires.

According to two reports by the Auditor General- in the 2-021/22  and 2022/23 financial years, Aduol was cited for unpaid staff arrears, irregular expenditures, and unsupported allowances, painting a picture of chaotic accounting and weak oversight during his leadership.

The 2022/2023 report noted that, though the situation had slightly improved, there were glaring issues at the university, including the absence of key policy documents, lack of a disaster recovery plan, unapproved ICT policy, and outstanding imprest. It also indicated that under Aduol’s watch, the institution accrued a Sh13 billion debt.

But, while appearing before the selection panel, Aduol denied any misappropriation, instead blaming chronic underfunding by the government, inherited obligations, and delayed disbursements.

“When I took over this institution, it was a polytechnic. Right from the start, we were suffering from under-capitation.We were admitting students every eight months but getting funds every twelve.”

He also reiterated that at the time he exited office in March 2023, the university was paying Sh220 million monthly in salaries, while the government only disbursed Sh160 million, leaving a recurring shortfall of Sh60 million per month.

“There is no money that has been lost in TUK. The money didn’t come,” he said.