IEBC Com­mis­sion­ers pro­tected by law

The Star (Kenya) - - Politics - MARTIN AN­DATI An­dati is a po­lit­i­cal an­a­lyst

The changes by the IEBC are crit­i­cal, be­cause they will re­store NASA’s con­fi­dence in the Com­mis­sion ahead of the fresh Pres­i­den­tial elec­tion.

The main is­sues on which the IEBC was in­dicted were largely be­cause of the trans­mis­sion of the votes. The IEBC of­fi­cers in charge of oper­a­tions and the peo­ple in charge of ICT, def­i­nitely have to be pushed out be­cause they must take per­sonal re­spon­si­bil­ity. We did not see the Supreme Court raise is­sues about vot­ing, count­ing and tal­ly­ing at the polling sta­tions, largely there were no ma­jor is­sues. It was about the oper­a­tions and trans­mis­sion.

You can’t re­move the com­mis­sion­ers be­cause they are pro­tected by law, and, above all, the Supreme Court did not find them cul­pa­ble, it will not work as the law will pro­tect them.

NASA’s push to send the com­mis­sion­ers home is not based on any ground and there­fore it will prove futile. You re­move the com­mis­sion­ers from of­fice now based on what? The role of the com­mis­sion­ers is ba­si­cally pol­icy and you can’t in­dict them on op­er­a­tional is­sues. The guys who do the day-to-day run­ning of the oper­a­tions are the CEO Ezra Chiloba and his peo­ple. The com­mis­sion­ers could have got their pol­icy right, but when it came to im­ple­men­ta­tion, that is where the prob­lem was and the peo­ple who take that re­spon­si­bil­ity can­not be the com­mis­sion­ers, it must be the peo­ple who were di­rectly in charge of the day-to-day oper­a­tions.

The com­mis­sion­ers did their part. Chiloba will have to be pushed out be­cause even the Chair­man, Wa­fula Che­bukati, tried to al­lude to that, say­ing they came to of­fice and found the sec­re­tariat there.

Re­mem­ber, the ini­tial think­ing was that even the sec­re­tariat could have been pushed out, but that was not adopted as it would have sac­ri­ficed in­sti­tu­tional mem­ory as the com­mis­sion­ers were largely new in of­fice. That is why it was agreed the sec­re­tariat re­mains in place.

The sit­u­a­tion now presents a good op­por­tu­nity be­cause the sec­re­tariat has been in­dicted and the Com­mis­sion must bring on board new peo­ple who can be able to carry out a more cred­i­ble elec­tion. Al­though the Supreme Court judg­ment is not yet out, there were glar­ing is­sues raised dur­ing the hear­ing of the case that could in­form the Com­mis­sion’s de­ci­sion. It came out clearly that some peo­ple who are not IEBC of­fi­cials ac­cessed the server and some peo­ple must take re­spon­si­bil­ity.

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