SAM'S SENSE: IEBC - Now, fix the Secretariat

Now, Sunkuli’s ascendance follows the recent termination of Marjan Hussein Marjan’s contract. He was to serve until March 2027, with the possibility of contract renewal for a further five years. 

There are all indications that the parting of ways between Marjan and the commission was not a smooth one. We leave speculation to speculators. But there must be lessons to pick, especially when a country faces yet another election that promises a fair share of controversy. 

First, Marjan becomes the third CEO of IEBC to leave so unceremoniously. Others before him were James Oswago and Ezra Chiloba. Oswago’s exit was followed by a long court battle that ended up in conviction.

For Chiloba, a boardroom fallout and blame game over electoral irregularities in 2017 ended up with a sack that split the IEBC boardroom. Three commissioners resigned following that sacking.

During the 2022 general election, the IEBC boardroom erupted, yielding divisive presidential election outcomes. Courtesy of that, four commissioners disowned presidential results, earning themselves a tribunal to remove them from office. Well, three resigned while one waited to be removed.

CEO Marjan stayed on, but the boardroom divide had split the secretariat that he led. He went on to suspend his deputy CEO who managed to overturn the order in court.

And now here we are. The suspender has been axed, albeit through “mutual consent”.  

In its entire life since inception, IEBC has courted political interference. Oftentimes, the heavier hand yielding influence and results. The commission has earned, largely deservedly, the perception of political bidding.

Some of the senior officers at the commission secretariat were perceived controversially in the last election. When the Ethekon commission was appointed, it was perceived to be the product of UDA-ODM consensus, given the history of the NADCO-driven reforms.

So, whose commission is this?

While the road to a commission is important, history serves us that the road after appointment is more critical. 

You see, over 22 million voters will have a chance to choose their leaders in August next year. Theirs is an individual decision. But not the commission’s.

The IEBC does not exist to elect leaders for Kenyans; they are there to ensure the will of the people prevails. The Supreme Court found in 2017, that process matters in elections. Not just the results. The process.

The six commissioners and their chair do not sit in the boardroom to represent their opinions. They do not sit to serve political figures. They do not sit to serve the interests of tender-preneurs.

Well, a Ksh.60 billion election is attractive for businessmen and women. But this cannot be so for commissioners or even IEBC staff. The integrity of the secretariat, which the CEO heads must be above reproach. 

Chairman Ethekon has said that each of us has a role for a free, fair and credible election. But there is a role that is not shared.

That of independence. The commissioners must define how the “I” in IEBC will be executed and protected at the entire institution.

The secretariat are the people who manage the entire electoral process. The commission only oversights. From voter identification to voting, counting the ballots, announcing the results, transmitting results, tallying and the eventual declaration. All this with or without agents of candidate or political parties.

And so as the commission makes changes to the secretariat, they must ensure they are taking instructions from only one source: the constitution and the law.

To be hosted in executive boardrooms in what appears like a one-way conversation will do nothing to build trust among the people. The commission must be sharp on judgment, on public perception and conscious of the times.

Making decisions in good faith will not be enough. Naivety is not an option. They must be politically aware to decide whom to listen to when and what to do with the counsel.

And for the next CEO of IEBC, I do not need to narrate the history of the office. Just know, when the election is over, it will be you, just you and your solitary mind to deal with the consequences of your actions. And after you, there will be a new CEO, whether you like it or not.

For now, that’s my only sense.