Noise over ECK appointments is hot air

The hottest topic in Nairobi and around the country right now has everything to do with Electoral Commission of Kenya (ECK). Another is the possibility or the likely chance of a snap election. The fate of the ECK chairman Samuel Kivuitu together with his deputy Gabriel Mukele whose respective terms in office expire on the second day of December this year is one of the concerns of many Kenyans, political parties’ leadership and civil societies.
The other troubling issue to the politicians is perhaps the ‘unilateral’ presidential appointment of nine new ECK commissioners two Thursdays ago.
Snap election or not, this being the General Election year, interested parties- the politicians are very concerned that the two top ECK officials’ upcoming expiration terms in offices could have far reaching implications on the impending general election. How the issue is going to be handled by appointing and or re-appointing authority, (President Mwai Kibaki) is what people are very closely keeping their eyes on.

The way I see it, with regard to Kivuitu and Mukele’s positions, I don’t necessarily think there should be any cause for alarm. Here is why. Although the conventional wisdom is that President Kibaki will call for the Election in December, where supposedly ‘he would have served the week of the last month of the last year of his first term in office’ but that is not definite. Unlike in some other democracies where election dates are usually pre-scheduled in advance, in our case as is in many commonwealth countries, the head of state is the person who is constitutional empowered to call the elections. Constitutionally President Kibaki can call a snap election before December where his term is suppose to expire, where Kivuitu and Mukele could still be in office to preside over the election. This way he can have the two retire thereafter without any controversy from any quarters. The ECK chief himself warned Kenyans over the impending snap election when he noted: “Take warning…this is the election year. Gen
eral elections are due any time and not necessarily in December.’’
I have always said here in this column and in my other commentaries that the signature of the ‘Kibaki doctrine’ is its unpredictability. For the last four years it has been hard to forecast Kibaki’s next move. And as such the Head of State has been very successful in keeping political analysts and commentators alike and everyone else for that matter guessing and always missing in their analyses.

My speculation is that, it is likely that elections will be held before the expiry of Kivuitu’s term in office — that is before December 2007.
With regard to the recent appointment of nine ECK commissioners, this so-called unilateral Presidential move (as others are referring it) was done within the appointing authority’s constitutional limits.

The Opposition politicians are complaining that the President‘s move went against the agreed pact, the so called Inter-Parties Parliamentary Group (IPPG) agreement is just baloney.
Why is it just baloney? The politicians would have consented to Kibaki’s ignoring the IPPG agreement had he consulted widely before making the appointments. Widely consulting meaning had Kibaki checked with them (the Opposition politicians) they would not have found the act and or move to be unacceptable.

The problem with all those ‘noise makers’ faulting the President’s (lack of wide) consultations is that, their craving (for the consultation) is a mere excuse. What they want or wanted was to have Kibaki appoint some of their close associates and or their tribesmen to the commission, period. They are not genuine in condemning Kibaki’s unilateral action. I personally don’t know the nitty-gritty of the IPPG agreement, but I can say with certainty that the Opposition politicians are not sincere in their complaints.
Still in the people’s minds is the not long ago spectacle where the public saw their so-called leaders in their truest colours as tribalists of the highest order during the East African Legislative Assembly MPs nominations. Everyone was pulling for their close associates and or their kinsmen to be nominated for the EALA spots without any shame.
With regard to Kivuitu expiring term, I would think his re-appointment will be a blunder by Kibaki or anyone else to make. Please don’t read me wrong. I happen to have high respects for the trained legal mind. The former Parklands MP has done a great job in managing the ECK since he took over the electoral body chief in 1997.

My concern here is this pattern in our country which is now becoming a tradition where we seem to have a tendency of letting individuals serve in one office until those offices becomes synonymous with their names. This pattern must be halted before it becomes as tradition if it has not become one already. Kivuitu has served his 10 years with diligence and with very high professional standards, but there is a compelling need to let another Kenyan serve as the head of ECK.

Examples of some of the others offices that became synonymous with the individuals is the National Assembly’s Speaker, Fred Mati who soon after independence his name and the position became like two peas in a pod. Following that same tradition the same office is now indistinguishable with the person Francis Ole Kaparo.
First , Charles Njonjo and now Amos Wako are other examples of individuals who are synonymous with the Attorney General’s Office. This must end or we will be condemned to backwardness, not moving forward.
My bold message this week is to the newly appointed ECK commissioners. They have the duty and responsibility to rise above petty and partisan party politics in providing services to the electorate.

You are the servants of the tax-payers not vice versa. You are not appointed to serve any political organisation but your country.