When political godfathers get their way...

The fate of seven hopefuls nominated for the Chairperson and Commissioners at IEBC is now back with the Courts after the National Assembly on Wednesday voted to approve their nomination.

The House on Wednesday adopted the report of the Justice and Legal Affairs Committee (JLAC) on vetting of the nominees, which recommended approval of Erastus Edung Ethekon, who had been nominated as the chairperson, Ann Njeru Nderitu, Moses Alutalala Mukwhana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol and Fahima Araphat Abdallah as commissioners despite critical objections to their nominations arising during the vetting exercise last week.

However, the existence of a Court order barring the nominees from being sworn in or their gazettement means that the hopefuls will now have to get another nod from the Courts before assuming office at the helm of the electoral agency.

In its report to the House, the George Murugara (Tharaka MP) -led JLAC committee ‘cleansed’ them of any stain they might have had and set them up to take control of the country’s political future for the next three years.

“The nominees have demonstrated a deep understanding of the affairs of the IEBC and their respective roles as chairperson and members of the IEBC. They possess the requisite abilities, academic qualifications and professional experience required for persons nominated to serve as the chairperson and members of the IEBC…the Committee recommends that the National Assembly approve their appointment,” read the report in part.

And on the floor of the House- in a debate session limited to only 20 minutes- the members went all out in defending their choice to approve the bunch, simultaneously going hammer and tongs on the dissenters.

Leader of the Majority Kimani Ichung’wah defended the choice of Ethekon for IEBC chair, telling off the opposition over their criticism.

“So that we shame the hate mongers, the warmongers who have been threatening us that in 2027 there will be more bloodshed than 2007. We must shame them today by approving these names, having a commission in place and having credible elections in 2027 and I am certain we will beat them based on a pro-people agenda, an agenda that is transforming lives across the country,” stated Ichung’wah.

“It's saddening that because of politics, a number of us out there had started demonising some of these nominees largely on account of where they come from…It was very inconsiderate to hear somebody who has held a high national office assert that Erastus, the nominee for chair, does not warrant holding that position on account of where he comes from. It was sad that somebody can say because Erastus comes from a community that he perceives not to have adequate shares in his analysis, that Ethekon does not deserve to chair this commission,” added the lawmaker.

Ichung’wah further took a swipe at the judiciary, accusing unnamed individuals of being behind an attempt to block or delay the formation of the IEBC team through the court order.

“Any leader, whether in this house or outside, who is not in support of this motion and the establishment of a new IEBC is an enemy to this republic, is an enemy to the people of Kenya. That is somebody who does not wish this country well. And may I dare say even any person in the judiciary who imagines they would come into the way of stopping us from having an IEBC, you would not be acting in the best interest of the Republic and people of Kenya,” he remarked.

Eldas MP Adan Kaynan decried that Kenyans had politicised everything and called on them to give the nominees a chance to serve.

“Right now, everything is bad in this region. We have been projected as a society that never complains. That does not believe in itself and does not have faith in its administrative mechanism,” said Kaynan.

Rarieda MP Otiende Amollo, seemingly in an attempt to clear the committee and the house of rubber stamping the nomination, told of a rigorous vetting process.

“It is important that Kenyans understand the context within which we are recommending all the nominees to be passed. We had a very robust vetting exercise, we posed to the nominees all the questions that had been raised by those who objected. But we were satisfied that all the objections raised were sufficiently addressed to our satisfaction,” said Amollo.

Committee chair George Murugara, while citing all that had gone wrong due to a delay in the reconstitution of the electoral agency, such as the long overdue delimitation of boundaries and by-elections, exuded confidence that approving the seven was the right call.

“Having evaluated these particular nominees, we did not hesitate to recommend that each of them be approved,” he stated.

Connection to power

The approval of the seven has, however, ushered in the spectre of potential bias come the 2027 general elections, given the nominee's political links to key figures in the so-called broad-based government. This was exposed during the vetting exercise last Saturday.

“Ethekon faced tough questions of his impartiality ahead of the 2027 polls, having worked with State House Deputy Chief of Staff Josphat Nanok. The House team raised concerns over his previous ties with Ruto aides and revealed that it had received formal objections from three individuals. The objection claims you might favour President William Ruto in the 2027 elections because of your links with Nanok, who was your boss when you served as legal advisor in Turkana,” said Rarieda MP Otiende Amollo.

But Ethekon responded that he would abide by the Constitution and the laws of Kenya in carrying out his mandate should he be confirmed for the coveted position. “No official, whether small or big, shall influence my running of the commission and I shall rely on the laws of Kenya. I shall not be biased in favour of President William Ruto,” he said. 

He explained that his relationship with Nanok was purely professional and only lasted for four years as they served in different capacities in the Turkana County government.

“Our professional relationship ended in 2022 after Nanok left and I continued serving under Jeremiah Lomorukai, the current governor for another two years. For the record, I am not related to Nanok—not even at the clan level, let alone family. Our work together was about service delivery for the people of Turkana, and nothing more,” he clarified.

“Whatever past professional associations I may have had, the IEBC is an independent institution, and I intend to uphold that independence without compromise.”

The nominee, who declared his net worth to be Sh227 million, further dismissed the notion that he had been “pushed” by certain interest groups to apply for the chairperson’s role.

Anne Nderitu, the registrar of Political Parties, faced claims of being pushed by “higher-ups” and had to defend her nomination to the commission and claims of lack of independence in the execution of her mandate as the Registrar.

“I’m equally impressed by the nominee that she served for two years after university before she joined IEBC, having been seconded by the late former IEBC chair Wafula Chebukati. I’m wondering what is this helping hand that is taking her through all these positions. Is she the deep state that people talk about?” posed Wajir East MP Mohamed Daud.

Amollo said there had been objections to her nomination as commissioner based on her current role.

“We have submissions objecting to your nomination because you are currently serving as the Registrar of Political Parties, and therefore, ineligible for the position of IEBC commissioner,” Amollo said.

Nderitu, whose net worth stands at Sh138 million, referred to a 2014 ruling by the National Assembly, in which the Speaker ruled that a public office does not fall vacant upon nomination but only after appointment.

“When I was applying for the job, I was fully aware that one cannot be appointed as a commissioner while still holding a state office. This is a process. I have not been appointed, and the law allows one to resign before formal appointment,” she observed.

In dismissing insinuations that President Ruto was behind her nomination to the commission, she attributed her scaling up the ladder to God and her “champion” work ethic.

She also disputed claims of being a stumbling block in the registration of political parties and consulting ‘higher-ups’ before deciding on her current role.

She argued, “The issue of registering a party is governed by law, which stipulates which steps to follow. At no point do we consult anybody on whether to register a political party or not. Since 2018, I have registered thirty-four political parties. Right now there are about forty undergoing registration…”

Moses Mukhwana was questioned over his neutrality given his close ties with Prime Cabinet Secretary Musalia Mudavadi and his relationship with Ruto. He previously served as a legal consultant in the now-defunct Amani National Congress (ANC) party.

“I was a lawyer for ANC in my capacity as a professional lawyer and consultant but never a member of the organ…I don’t think that would be very fair for that to be used against me,” submitted Mukhwana.  

“The President saw something useful and appointed me. I don’t think he expects me to do something against the law that will be stretching generosity too far,” he added.

Former Rift Valley Provincial Commissioner Hassan Noor was forced to defend his relationship with the National Assembly Leader of Minority Junet Mohamed and the late inclusion of his name on the list of nominees.

“I’m related to Junet. I’m his brother-in-law. I existed long before Junet was born,” Noor said. He, however, denied Junet’s involvement in having his name sneaked into the list.

Also pressed with hard questions was Mary Sorobit previously served at the Jubilee Party secretariat before moving to Ruto’s United Democratic Alliance (UDA) party, where she is still a member.

“I have never been biased since my days at the Law Society of Kenya. I discharge my work professionally. If I find favour, the client in this case is Kenya, and Kenyans come first before anyone else,” she said.

Prof Francis Aduol and Fahima Abdalla said they would employ their skills in boundary delimitation and rally the youth towards the government agenda.