Chebukati says IEBC functions not affected by resignations

The electoral commission has made an about-turn on its concerns over a quorum hitch at the agency, saying it is capable of undertaking all its functions despite the resignation of four commissioners.

Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati has on several occasions admitted that the agency was incapacitated and could not make any policy decision following the resignation of three commissioners in April, in addition to Dr Roselyne Akombe’s exit in October 2017.

But while appearing before the National Assembly’s Justice and Legal Affairs Committee Thursday, Mr Chebukati said all the organs of the commission are in-tact and can undertake all its functions.

“The commission is properly constituted and can conduct all its affairs,” he told the committee chaired by Baringo North MP William Cheptumo.

RESIGNED

IEBC vice chairperson Connie Nkatha Maina and commissioners Margaret Mwachanya and Paul Kurgat resigned saying they have no faith in Mr Chebukati and his leadership, while Dr Akombe quit because of what she said was her resolve not to compromise on her ideals.

The Constitution provides that an independent commission shall have a minimum of three, and a maximum of nine commissioners, with the individual agency’s parent law specifying the quorum each body requires to conduct business.

For the electoral body, the IEBC Act sets the number of commissioners at seven, and the quorum at five, with a requirement that each plenary decision be sup-ported by at least half, meaning four commissioners.

THREE

With only Mr Chebukati, and commissioners Abdi Guliye and Boya Molu now in office, there are fears that the IEBC might not have the legal backing to hold the upcoming by-elections, let alone make plenary decisions that are backed by law.

Thursday, Mr Chebukati told MPs that he did not disobey any court orders in suspending CEO Ezra Chiloba for the second time. “I acted within the law and ac-cording to our Human Resource Manual on disciplinary action,” Mr Chebukati said.

Mr Chebukati suspended the CEO for the second time last month despite a court order that allowed him to resume work.

COMPREHENSIVE AUDIT

The chairman said the action was taken pending the completion of a comprehensive audit of all major procurements relating to the August 8, 2017, General Election, as well as the fresh elections held on October 26, 2017.

Mr Molu, who is also the chairperson of the commission’s human resource committee, said the CEO was suspended for accountability purposes on issues of procurement and financial queries.

“The suspension was done to give investigators a free hand in their work. We have not condemned anyone or made a conclusion that he is guilty. He might come back based on the final report of the audit,” Mr Molu said.

Meanwhile, Mr Chebukati yesterday warned that a funds hitch could derail activities at the commission since they have not received any money from Treasury since April.

“We have pending bills of Sh1.4 billion and have not even paid those who sup-plied us with various materials for last year's General Election,” Mr Chebukati said.

Responding to a comment by Mr John Kiarie (Dagoretti South MP) that they should resign to pave the way for recruitment of new commissioners for the 2022 General Election, Prof Guliye said their colleagues' resignation was voluntary and they should not be subjected to the same.