The lack of adequate budgetary resources, the cancellation of their tenders, and delays in appointing a key CEO and Secretary of the Independent Electoral and Boundaries Commission (IEBC) are the seven-member agency’s Achilles heel.
The likelihood that it may take the four recently appointed Commissioners to get used to the challenges of election oversight, adding to the problems the electoral body faces.
The Commission has an experienced secretariat that serving since the days of the Independent Interim Electoral Commission (IIEC), which oversaw the 2010 referendum on the new constitution, the 2013 and 2017 elections, and many by-elections.
But the commissioners’ failure to listen to staff when they do Making decisions, as has been the case in the past, is a bumpy ride for the Commission.
This comes true even when electoral and governance experts warn that the inaction of the Judiciary and Legal Committee of the Nat National Assembly may exacerbate the issues affecting the commission.
The committee chaired by Kangema MP Muturi Kigano oversees the IEBC chaired by Mr Wafula Chebukati.
Ms. Koki Muli, an expert on electoral affairs, accused the committee and Parliament in general of “doing little” to help the Commission adequately prepare for the upcoming elections.
“This is the moment when you expect the committee and Parliament to really be up and down to help the Commission hold credible elections. It starts with budget allocation, legislative and general oversight, “said Ms. Muli, professor at South Eastern Kenya University.
” What comes next is that the Commission and Parliament seem to be at odds. This should not be the case, “she added.
Mr Kigano was not available to comment.
The Commission had requested that 40 billion be appropriated for the coming financial year in the current financial year Elections.
However, he received 26 billion Sh. allocated, that is 14 billion Sh. less than requested.
Mr Chebukati did not respond to our preparatory requests from the Commission.
But even though Mr Chebukati remained a mother, the Daily Nation found that the Commission had the decision of the Public Procurement Administrative Review Board (PPRAB) challenges to cancel the Sh3 billion tender.
The tender included the delivery and delivery of ballot papers and electoral rolls for the elections in 2022, among other things.
Tender of 4.5 billion Shillings.
The tender was awarded to Inform Lykos (Hellas) SA, a Greek company, but PPARB, in its decision of November 17, 2021, the Commission instructed to restart the tendering process in the financial evaluation phase.
The tender also included the delivery and delivery of forms to explain the election results, which are used in the polling station, as well as forms to explain The electoral results and the referendum at constituency and district level as well as to the national counting center.
The cancellation takes place almost three months after the board of directors issued a tender of Sh 4.5 billion after an appeal by the IEBC to be restored by the High Court included the supply, delivery and maintenance of the kits of Kenya’s Integrated Election Management System (Kiems) for the 2022 general election.
Mr Barasa Nyukuri, a Prime Minister, says the IEBC has the necessary oversight in the conduct of their affairs.
“You are reading the judgments of the tribunals and the courts on the various decisions that the commission has made and successfully challenged, and you are wondering whether the commission is operating in isol ation “, says Mr Nyukuri.
” Both Parliament and the IEBC should work together. The two government agencies were hired by Kenyans to do this, ”added Mr Nyukuri.
The Commission will likely challenge the PPRAB ruling on ballot papers again in the High Court.
That means it can take a long time if the parties to the case decide to pursue the matter to the Supreme Court.
The board of directors canceled the Kiems kit after it was determined that IEBC had failed to comply with the law in shopping for the new system used to identify voters and submit results on election day.
The board’s decision was the result of a request for review one of the interested bidders, Risk Africa Innovates Ltd.
But Judge Jairus Ngaah overturned the decision after discovering that the board was wrong because the company was not a candidate for the tender.
The delays n in appointing a key CEO to replace Mr. Ezra Chiloba, who was dismissed in 2018, can also help the IEBC not prepare an advertisement accordingly for the upcoming elections.
Mr. Marjan Hussein has been acting contrary to the law since then on public service.
The CEO is the accounting officer of the commission and a central figure in the various procurements before the election.
The law provides that a public official for at least 30 days , but cannot be appointed for longer than six months.
Mr. Marjan has worked as an actor for the past three years.