The Independent Electoral and Boundaries Commission (IEBC) holds a pivotal role in Kenya’s democratic fabric, arguably making it the most consequential of the Chapter 15 commissions. As mandated by the Constitution, these commissions and independent offices are tasked with protecting the sovereignty of the people, ensuring that all state organs observe democratic values and principles, and promoting constitutionalism. They complement and check the excesses of the other three state organs: the Executive, Judiciary, and Legislature.
The integrity of the IEBC has been under severe scrutiny, particularly highlighted by instances where a group of commissioners denounced presidential results, questioning the integrity of the outcomes. The Supreme Court has even nullified a presidential election, reprimanding the IEBC for its conduct. Despite these crises, there seems to be a lack of learning and improvement from past experiences. The Constitution demands the IEBC to conduct fair, credible, transparent, verifiable elections and referenda, supported by technology. This is not an overly complex science, yet the recurrent issue lies in the recruitment of IEBC members.
Currently, political parties have started jostling to pick members for the panel that will interview candidates for the electoral agency. This phase is crucial, as it sets the tone for the integrity and functionality of the IEBC. However, it is here that vigilance often falters. The nominating bodies, frequently comprising the usual political suspects, tend to select individuals who are often incompetent, such as average lawyers, political rejects, sycophants, pseudo-scholars, and clerics. These nominees often end up recruiting commissioners who mirror their own inadequacies and biases.
To safeguard Kenya’s democratic process, it is imperative to call for greater vigilance and scrutiny in the selection of individuals for the IEBC. The nominees must be competent, mature, and professional men and women of integrity, with a clear understanding of the magnitude of the national duty they are being entrusted with. They should possess not only the technical knowledge required to oversee fair and transparent elections but also the moral fortitude to withstand political pressures and ensure the sovereignty of the people.
The recruitment process should be viewed as an opportunity for Kenya to remedy and cure self-inflicted problems. The nominating bodies are challenged to transcend the usual political maneuverings and genuinely seek individuals who can uphold the Constitution and the democratic principles it enshrines. This means selecting individuals based on merit, integrity, and a demonstrated commitment to democratic values, rather than political affiliations or loyalties.
To achieve this, several measures can be put in place. Firstly, the process should be transparent, with clear criteria for selection that emphasize integrity, professionalism, and a strong track record in public service or related fields. Public participation should be encouraged, allowing citizens to provide input and hold the nominating bodies accountable. Additionally, there should be an independent oversight mechanism to ensure that the selection process is conducted fairly and that the chosen candidates meet the required standards.
In conclusion, the selection of the IEBC panel is a critical process that requires deep scrutiny and a commitment to democratic principles. The integrity of Kenya’s electoral process hinges on the competency and professionalism of the IEBC members. By ensuring that the selection process is rigorous, transparent, and merit-based, Kenya can strengthen its democratic institutions and ensure that future elections are conducted fairly, credibly, and transparently. This is the challenge and opportunity that lies before the nominating bodies, and they must rise to the occasion for the sake of Kenya’s democracy.
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