Political parties must nominate IEBC commissioners based on house strength

The opposition Coalition for Reforms and Democracy (CORD) now says that commissioners to the Independent Electoral and Boundaries Commission (IEBC) must be nominated by the political parties.

Appearing before the Joint Parliamentary Select Committee tasked with probing critical issues raised against the electoral body, CORD argues that the commissioners to the poll body should be nominated by political parties based on their numerical strengths in Parliament.

Lawyer Anthony Oluoch and his colleague Paul Mwangi, representing the opposition, maintained CORD’s stand that the IEBC commissioners must exit but through a negotiated process.

Asked on whether the removal of the commissioners can be done outside the provisions of the Constitution, CORD said that the circumstances that led to the standoff on the poll body are special and peculiar.

“We cannot approach this issue through Article 251 of the Constitution of Kenya 2010. These are special and peculiar circumstances that call for a different approach,” said lawyer Oluoch.

Article 251 (1) states: “A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for— (a) serious violation of this Constitution or any other law, including a contravention of Chapter Six; (b) gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise; (c) physical or mental incapacity to perform the functions of office; (d) incompetence; or (e) bankruptcy.”

It further states that “(2) A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.”

The National Assembly then considers the petition and recommends for either the removal of the commissioners or can dismiss it all together.

CORD, however, argues that the circumstances under which the select committee was formed should inform the installation of new commissioners.

It further recommends that the poll body secretariat be vetted by the new commissioners.

The select committee is probing claims of incompetence, graft and political biasness on the part of the IEBC commissioners after the opposition accused the body of being compromised.