SAM’S SENSE: Should Linda Kiome select IEBC Commissioners?

Last week, Meru’s new Governor Isaac Mutuma nominated Linda Kiome to be his deputy for the next two and a half years. In doing so, Governor Mutuma has complied with the law to pick a Deputy Governor within 14 days of ascending the office. The Meru County Assembly should within two weeks of receiving that communication, assess Kiome’s suitability. If approved, she will be officially appointed as Deputy Governor.

Linda Kiome, a lawyer, currently serves as the Vice Chair of the IEBC Selection Panel, leading the search for the next IEBC Chair and Commissioners. Those interviews have been running since Monday this week.

She represents the UDA party in the panel, as per the law governing its composition. Additionally, she is a council member of the Law Society of Kenya (LSK) and a member of the UDA Elections Board.

In the 2022 Meru gubernatorial race, Kiome was Mithika Linturi’s running mate, but they lost to Kawira Mwangaza, who was later impeached.

Kiome was a witness in the impeachment trial testified against Mwangaza in the Senate. She told the Senate that the Governor had illegally terminated her contract as a legal advisor by forging her signature. Her testimony contributed to Mwangaza’s removal.

Now, all this makes sense. What doesn't make sense is that Linda Kiome continues to serve in the IEBC Panel despite her nomination as Deputy Governor. She is proceeding as if nothing happened! Yet this raises a significant ethical dilemma.

As Vice Chair of the IEBC Selection Panel, Kiome plays a key role in selecting the country’s next electoral commissioners. Should she be confirmed as Deputy Governor, she may seek the same or other elective position in 2027. Who will conduct that election? The IEBC. Which IEBC? One selected by a panel whose Vice Chair is Linda Kiome.

While she has not been sworn in as Deputy Governor yet, there is no record of her declining the nomination. Meanwhile, the IEBC interviews will continue until April 25, 2025, meaning Meru County could have a new Deputy Governor—who is also helping shape the future of electoral management in Kenya.

Should Linda Kiome step down from the IEBC Selection Panel given her nomination for Deputy Governorship?

And by the way, if the Meru Assembly invites her for vetting, and the vetting falls on a day she should be hearing six IEBC commissioner applicants, which session will she attend? The one in Meru or the one in South C?

Good thing is, the selection panel has the legal authority to set its own procedures, but this situation presents a moral and ethical dilemma.

In 2021, Parliament approved Irene Masit as an IEBC Commissioner despite concerns about her political past. Masit had run for nominations in the 2017 elections, which was within the six-year ban for politicians to serve in the IEBC.

The High Court later ruled that party primaries count as an election, meaning she was ineligible. This mistake—made by the selection panel, the President, and Parliament—was only confirmed in hindsight.

While Kiome’s case may not be legally problematic, it raises a moral question—and, I dare say, a question of sense.