Editor's Review

Ruto received the report by the IEBC Selection Panel on Tuesday morning.

Wiper party leader Kalonzo Musyoka has raised concerns about the process of appointing new members to the Independent Electoral and Boundaries Commission (IEBC).  

In a letter addressed to President William Ruto on Tuesday, May 6, Kalonzo referenced the recommendations of the National Dialogue Committee (NADCO), highlighting the need for political consensus in the appointment of IEBC commissioners. 

The NADCO report, which was adopted by both Kenya Kwanza and Azimio la Umoja One Kenya Coalition, emphasized bipartisan agreement in rebuilding public trust in the electoral body.  

“This letter concerns itself with recommendations arising out of the NADCO report; these cover the all-important concerns relating to IEBC reforms and political party discipline. 

“Paragraph 861 of the report provides that in order to build confidence in the IEBC, it was important that the leaders of the two coalitions provide a window of consultations and concurrence, and the recommendation at paragraph 862 is that Kenya Kwanza Alliance and Azimio la Umoja One Kenya Coalition, enter into consultation and concurrence before the President exercises the power of appointment of the Chairperson and members of the IEBC," the letter read.  

Kalonzo further argued that the political landscape has shifted since the NADCO agreement, with ODM leader Raila Odinga now cooperating with the Kenya Kwanza administration.   

As a result, he asserted that the opposition is now represented by the Wiper Democratic Movement and the Democratic Action Party (DAP-K).  

“On the premise of the foundation of recommendation 862 as read together with priority issue number c, at page 23 of the report, which calls for fidelity to political parties, coalitions and respect to the law on multi-party democracy, and further, noting that the party leader of the Orange Democratic Movement Raila Amollo Odinga has in writing, formally, and by conduct moved to work with the Kenya Kwanza Administration forming the ODM/Kenya Kwanza Alliance, the opposition is now represented by the Wiper Democratic Movement and the Democratic Action Party (DAP),” the letter added.

File image of President William Ruto and the IEBC Selection Panel

Kalonzo named himself and DAP-K leader Eugene Wamalwa as the rightful representatives of the minority side in any consultations related to IEBC appointments. 

“Accordingly, in line with the constitutional dictate of consultation and concurrence as well as that of the NADCO report, all of which build on the work done by the people of Kenya following the 2007-2008 post-election violence and the Inter-Parliamentary Political Group (IPPG), the Minority party will be represented by the undersigned leader of Wiper Democratic Movement, Hon. Stephen Kalonzo Musyoka, EGH, SC, and Eugene Wamalwa, EGH, Party Leader, DAP Party,” the letter continued.

Kalonzo also called for the public release of an exit report by the selection panel, which he said would aid in the required consultations before appointments are made.

“We call for an exit report by the selection panel interviewing the IEBC Chairperson and members, which will be instrumental in the process of consultations. Ultimately, it will be in the interest of the people of Kenya that we get an IEBC Commission that has the support of both the opposition and ruling party; one that inspires public trust and that has the Independence that is required of it,” the letter further stated.

In closing, Kalonzo cautioned Ruto against proceeding with appointments based solely on the input of Kenya Kwanza and ODM, warning that such a move could compromise the legitimacy of the electoral body.

“Your Excellency, you will, I have no doubt, acknowledge the importance of this exercise and its centrality in building public confidence in the Independent Electoral and Boundaries Commission (IEBC). 

"Indeed, any exercise without the opposition in particular, that will be limited to Kenya Kwanza Alliance alone or Kenya Kwanza and the party leader of ODM, will be an attempt to establish a partisan IEBC, setting the stage for usurpation of the sovereign will of the people of Kenya exercised at the ballot during the general elections. This will not be acceptable,” he concluded.

Earlier Tuesday, Ruto received the report on the recruitment of nominees for the positions of chairperson and members of the Independent Electoral and Boundaries Commission (IEBC). 

The report was presented to him by the IEBC Selection Panel, led by Nelson Makanda, at State House, Nairobi.

In a statement after receiving the report, Ruto commended Makanda and the entire committee for their work.

"This morning, I received the report on the recruitment of nominees for the positions of Chairperson and Members of the Independent Electoral and Boundaries Commission (IEBC) from the IEBC Selection Panel, State House Nairobi. I commend the panel, chaired by Dr Nelson Makanda, for their diligent and commendable work," he said.

Ruto said he will now nominate and transmit the names to the National Assembly as outlined in the law.

"In accordance with the provisions of the IEBC Act, I will nominate and transmit the names to the National Assembly in full fidelity to the constitutional principles that guide our system of governance," he added.