IEBC points out legal gap in funding of party polls

The Independent Electoral and Boundaries Commission (IEBC) has raised the red flag over the changes that allows it to run party nominations, saying the law does not specify who bears the cost.

The Election Laws (Amendment) Act – which brings on board a range of electoral reforms — does not state categorically who between the IEBC and political parties should shoulder the cost of nominations.

IEBC chairman Isaack Hassan Monday told Senate that the legal gap posed a challenge on how the electoral body should move on.

“It is not clear who between the IEBC and the political parties should bear cost for nomination of candidates. As a commission, we will know how to proceed once we are clear on that clause,” he said. Political parties are considering involving the IEBC in their party nominations to ensure a free and fair exercise.

Mr Hassan appeared before the Senate Public Accounts and Investment Committee to explain if reports of the House influence the clearance of candidates eyeing electoral seats.

“The short answer is that the committee reports do not block anyone from contesting in the general election,” he said.

IEBC deputy chair Lilian Mahiri-Zaja said the commission’s role is limited to receiving nomination documents from the political parties.

The ethics and Anti-Corruption Commission (EACC) vets the candidates to check if they have complied with the law before clearing them to vie.

Mr Hassan and his team said they are ready and willing to vacate office to give way for new commissioners who will oversee the 2017 general election.

However, their exit from office would only happen from October 4 when the Election Laws (Amendment) Act come to force.

The law takes effect from two weeks after presidential assent meaning that the earliest the commissioners can leave office is October 4 and not September 30 as had been recommended by the parliamentary the committee co-chaired by Senators James Orengo and Kiraitu Murungi.

Focus now is on Treasury Secretary Henry Rotich who is required to come up with an exit package offer to the nine IEBC commissioners
Attorney-General Githu Muigai hinted that negotiations for the commissioners’ exit from office would start this week. He noted that the technical teams from various State agencies would meet this week to start the negotiations.