The Election Team Must Be Above Board

Nairobi Star (Nairobi)

Gikonyo Boaz

5 July 2011

opinion

Events over the past few days in parliament have revealed the real interests in the Constitutional implementation process. Whereas the nomination, vetting and the subsequent appointment of Dr. willy Mutunga as CJ and M/s Nancy Barasa as DCJ was above board, the nomination, vetting and the subsequent appointment of Keriako Ole Tobiko as the DPP was not only suspect, but has been mired in political wheeler dealing that threatens to derail the reform train even before it gathers enough steam to power ahead.

It is clear that merit, integrity and due process do not matter when it comes to certain appointments but this must end with the appointment of Tobiko because there are still numerous high profile appointments to be made under the Constitution. Among them are the Commission on Revenue allocation, the National Police Service Commission, the Independent Electoral and Boundaries Commission and the National Land Commission among others.

Of the Commissions mentioned above, the Independent Electoral and Boundaries Commission ranks at the top in the order of importance given its crucial role of conducting and supervising the first General Election under the new Constitution and carrying out of the inaugural boundaries delimitation. The Commission’s role in ensuring the stability of the nation in the period before and after the 2012 General elections cannot be gainsaid, and its Composition in respect of the Chairman and members should be properly handled if the new electoral body is to have the people’s confidence from the outset and save it from the doubts occasioned by appointment processes such as Tobiko’s.

The process of appointing the Chairperson and members of the IEBC should be transparent and above board. The qualifications for appointment as set out in the IEBC Act must be strictly adhered to. The Act provides that the Chairperson of the IEBC shall be a person qualified to be appointed as a Supreme Court judge.

Constitutionally, a Supreme Court Judge ought to be a person with at least fifteen years of experience as a superior court judge, or a distinguished academic, judicial officer or legal practitioner of at least fifteen years experience. These are the bare minimum qualifications as demonstrated by the caliber of people appointed to be Supreme Court Judges. It is not merely enough, for one to possess a Law degree but it is necessary that the prospective Judge of the Supreme Court provides evidence of continuous legal education, show an interest in other fields of study and professions, and demonstrate managerial and administrative exposure and experience apart from demonstrating the ability to deliver sound judgments.

The Chairperson of the IEBC too should be expected to meet the above requirements in the meaning of the requirement that he/she qualifies to be appointed a Judge of the Supreme Court.

The other members of the IEBC too should meet certain minimum thresholds to be considered for appointment; of paramount importance is that, they must be persons of impeccable character and integrity devoid of any track record of dubious acquisition of wealth, current or past relations with politicians and political parties and they should be people who can match the intellectual capacity of the staff they will be overseeing in the secretariat. A case in point is that currently, the IIEC secretariat is composed of professionals with a minimum of masters degrees, and about five PhDs while a good number are currently pursuing their PhDs- I share classes with some of them.

One qualification that must not be considered is that a prospective candidate for the position of chairperson or member of the IEBC comes from a minority or marginalized community or from a special interest group. Suitability and ability to perform the tasks must be the overriding factor in making appointments to the IEBC.

Granted, in making appointments to public offices, due regard must be given to the ethnic diversity of the Kenyan People and a semblance of regional balance must obtain. However, in the quest to achieve these objectives of fairness and equity, first and foremost, the integrity of the individuals to be appointed must be established beyond any reasonable doubt and that war cry and threats of dire political consequences must never be part of the selection and vetting process.

The author is a political scientist in Nairobi.

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