Promises, pressure, and past shadows: Day two of IEBC chair interviews

The search for the next chairperson of the Independent Electoral and Boundaries Commission (IEBC) entered its second day on Tuesday as four candidates appeared before the Selection Panel.

These were Kenya Power board chairperson Joy Brenda Mdivo, former Nairobi County Clerk Jacob Ngwele Muvengei, former Deputy Chief Registrar of the Judiciary Francis Kissinger Kakai, and former Turkana County Attorney Erastus Edung Ethekon.

Ms Mdivo, an ally of President William Ruto who chaired the ruling party’s 2022 National Elections Board and Election Dispute Resolution Committee, told the panel that she would be guided by her principles if given the job.

“Once I become chairperson, I am sure one of the first things I’ll do is take an oath before stepping into Anniversary Towers. The terms of that oath—did I abide by it faithfully? If I did, and I know what is good for the country, I will stand my ground. I am one of those who believe that God takes care of me. So, to the people baying for my blood—yes—but if I’ve been involved in something that is out of character, then the honourable thing to do is resign,” Ms Mdivo said.

If appointed, Ms Mdivo said she would push for the real-time tabulation of election results to reduce tension among voters.

“The first thing is to leverage technology. The second is to foster a culture of transparency and efficiency… a culture of excellence is key.”

Mr Ethekon, a lawyer who boasts of three Master’s degrees from the United Kingdom and Spain, said he applied for the IEBC chairperson position to restore integrity within the commission and ensure free and fair elections, particularly by reaching out to marginalized communities.

“Sometimes we disenfranchise marginalized groups through the way we conduct registration and voter education,” Mr Ethekon said.

He noted that counties in the northern part of the country have often been left out, leading to low voter turnout during elections.

As a member of a marginalized group, Mr Ethekon said he would put mechanisms in place to ensure inclusivity.

“I will ensure a rights-based approach to voter registration and voter education is employed. Such an approach will guide us in addressing the specific needs of special groups.”

He told the Selection Panel, led by Nelson Makanda, that if appointed, he would work to eradicate voter bribery, intimidation, and violence by reviewing the Election Offences Act.

“We need to examine whether the penalties match the severity of offences committed during elections.”

He also emphasized the need for better security arrangements during elections in collaboration with security agencies.

Like Charles Nyachae, who appeared before the panel on Monday, Mr Ethekon acknowledged that applying for the job took courage, despite discouragement from some peers.

“Even applying for this job—I’ll speak from the heart—there were those who said, ‘Congratulations, go for it, you have what it takes,’ and those who said, ‘No, you’re going to die, they’re going to beat you,’” Mr Ethekon said.

He dismissed the negative public perception of the IEBC job, stating that a Kenyan would ultimately hold the office and that he was fully qualified for the role.

He also called for a peace charter to be signed by all presidential candidates to help prevent election-related violence.

Former Deputy Chief Registrar of the Judiciary Francis Kissinger found himself on the defensive as the panel questioned his credibility following past allegations during his time in the Judiciary.

Mr Kissinger said that public service exposed him to unexpected forces, including malicious attacks aimed at tarnishing his name.

“In public service, you never know what might hit you. The only safeguard is doing the right thing and sticking to the law. Rumours can emerge that aim to ruin your career,” Mr Kissinger said.

He insisted that his departure from the Judiciary did not call his integrity into question and vowed to restore the IEBC’s image if appointed.

“My integrity is unquestionable—even before the eyes of God,” he said, adding that the cases against him had been withdrawn by the ODPP.

Former Nairobi County Assembly Clerk Jacob Ngwele, the seventh candidate out of the shortlisted eleven to face the panel, told the Dr Makanda-led team that voter apathy stems from a lack of trust among voters.

He said unemployment and broken campaign promises lead voters to lose faith in the electoral process.

“During campaigns, voters are promised delivery of various services. When those promises are not fulfilled, it leads to apathy because people feel voting doesn't change anything,” he said.

Mr Ngwele was also questioned about 26 audit queries raised by the Auditor General during his tenure at City Hall.

He defended his record, claiming financial records were clean between 2013 and 2018 when he served as clerk.

“Using policy formulation and oversight strategies, I can help the commission meet its financial obligations without raising any audit queries.”

The ongoing interviews have attracted mixed reactions.

Nairobi Senator Edwin Sifuna is among those who have expressed dissatisfaction with the panel’s line of questioning.

“I’m not sure what this IEBC selection panel is looking for in these applicants. The members have long, winding questions that don’t seem to bring out the candidates’ unique attributes,” Senator Sifuna posted on social media.

The interviews are expected to enter their third day on Wednesday, with three more candidates scheduled to appear as the panel works to fill the position left vacant after the retirement of Wafula Chebukati, who died last month.