Two of the three IEBC commissioners who walked out of their high-profile well-paying jobs, citing irredeemable differences with the chairman, now want their positions back.
On April 16, the three denounced chairman Wafula Chebukati as incompetent with zero ability to lead. They resigned in a huff at a well-attended press conference.
But yesterday, in contrast to their noisy and well-publicised exit, vice chairperson Connie Maina and commissioner Margaret Mwachanya slipped back to Anniversary Towers that houses the IEBC headquarters — to the consternation of the staff and Chebukati.
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It is was unclear if commissioner Paul Kurgat who resigned alongside them, but was missing on Friday, also wants his job back.
At the time of their exit led by Maina, they said that under Chebukati's leadership, the IEBC boardroom had become “a venue for peddling misinformation, grounds for brewing mistrust, and a space for scrambling for and chasing individual glory and credit”.
In their media briefing at the Stanley Hotel, the three confessed that the IEBC had become dysfunctional with endless external interference.
The dramatic suspension of IEBC chief operating officer Ezra Chiloba, they said, was the clearest manifestation of the dysfunction that obliterated their feeble confidence in Chebukati.
“Given the severe deterioration of confidence in the commission chair, we find our position as commissioners under his leadership no longer tenable. Consequently, we regret to announce our resignation with immediate effect,” the commissioners announced. And off they went.
Maina and Mwachanya walked into Anniversary Towers at around 11am, right into their offices that had remained unlocked.
Sources told the Star that the two were in the office for most of the day on Friday, reading newspapers and going through past reports.
Their return caught Chebukati, who has been busy fighting various court and parliamentary battles to keep IEBC alive, unawares.
The two commissioners did not respond to phone calls.
Chebukati has been stamping his authority at the commission and last month locked Chiloba's office to deny him access following his controversial suspension.
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IEBC communication manager Andrew Limo said the two were at the commission offices to meet Chebukati.
“I am told the two commissioners who allegedly resigned are here to see the chairman. I can only report the purpose of their mission when I see the chairman,” Limo told the Star
But comeback efforts by the commissioners immediately triggered an uproar, with leaders across the political divide saying it was an embodiment of impunity.
“If there was ever any doubt by anybody in this country that these guys represent an embodiment of impunity, today is the answer...It an abuse of public trust an an insult to Kenyans for them to attempt to go go back to office, yet the issues they raised when they were resigning have not been resolved,” Nasa CEO Norman Magaya told the Star
“It simply demonstrates that the law doesn't matter in this country. You can abscond office for as many months as possible and wake up one morning and walk back to office. My opinion is that Kenyans should even proceed to those offices and whip them out literally.”
Human Rights activist Ndung'u Wainaina said the return of the commissioners would further destroy the integrity of IEBC
“The IEBC is on its deathbed. It is in irreparable state. It has to be rebuilt afresh. Those commissioners are a disgrace. They are mocking Kenyans. If any has been receiving any payment, they should be surcharged,” he said
Two weeks ago, the High Court ruled that the three commissioners were still in office, as their resignation was unprocedural.
High Court judge Wilfrida Okwany said the commissioners only resigned via a press statement, instead of formally writing a letter to the appointing authority, President Uhuru Kenyatta.
“As I have already found in this judgment, the issue of the alleged resignation of the four commissioners was a matter that was neither here nor there and was not proved by any tangible evidence,” Justice Okwany ruled.
They could have used this window to reclaim their jobs.
The petition was filed by Isaiah Kangwony on June 6 this year, challenging the legality of the commission following the resignation of four commissioners.
Commissioner Roselyne Akombe resigned days to the contentious October 26, 2017, repeat presidential poll and fled to the US, saying her life was in danger.
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Yesterday Magaya claimed a wing of Jubilee was plotting Chiloba's comeback in preparation for the 2022 polls
“When these people were leaving office, I said these were the Jubilee wing of IEBC that was attempting to arm twist the chairman to forestall any action against Chiloba. Now once the chairman stood his ground and said Chiloba has to be held to account, and the court upheld that the suspension was legal, they are trying to make a comeback to salvage Chiloba,” Magaya said
National Assembly Justice and Legal Affairs Committee chairman William Cheptumo from the Jubilee Party said the return of the commissioners will continue to erode public confidence in a commission which already has no quorum.
Apart from Chebukati, the other Commissioners are Boya Molu and Abdi Guliye
Cheptumo said his committee had started reviewing the law to create a selection panel to provide an avenue for replacement of the four Commissioners.
He said the committee had already summoned Chebukati and his team on Thursday to elaborate on the implications of the court ruling and the lack of quorum at the commission.
Chebukati has been struggling to rebuild the integrity of the commission that was destroyed after the nullification of the August 8 polls.
Just last week, he announced that staff manning critical sections will have to undergo public vetting.
“This is to enhance the commission’s effectiveness and accountability, as well as restore public confidence,” the commission said.
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