Kenya has the world’s largest number of Electoral Commissioners ;no country comes close. Not even our immediate neighbors, Uganda and Tanzania, which have seven commissioners each.
Nigeria, which boasts Africa’s largest number of registered voters (58 million) has a mere 12 commissioners. The South African electoral body boasts six officials, whereas major western democracies like the United States and Britain have six officials each. The most shameful comparison comes with India, whose 670 million votes (60 times more than Kenya) are administered by four officials. So why does it take a multitude of commissioners to oversee electoral transparency in Kenya’s 12 million votes? Political patronage is the answer.
Kenyan electoral commissioners have been political appointees ever since the country’s electoral law was legislated in 1963. The reintroduction of multi party politics in 1992 did not help. In fact, things got worse as political parties jostled for representation in the commission. Gradual increase of political interests has catapulted the number of commissioners from nine in 1991 to the current 21, including the chairman and his deputy.
Most Kenyans would agree that their bloated electoral body has been a source of unnecessary political confrontations, which can be eliminated by reducing the number of commissioners. A smaller number, say five, would mean fewer positions for political parties to fight about. This would also foster scrutiny of candidates in parliament. Finally, only candidates who are well qualified and untainted by party politics would become electoral commissioners. And that could be the genesis of electoral transparency in the Kenya.
However, reducing the number of officials is in itself a political battle. But how else could we reform the commission? Chairman Kivuitu has suggested that we remould ECK’s composition to reflect the current political climate. Unfortunately, such proposals have been implemented three times before, but without much success. In fact, appointing commissioners to reflect the existing political climate is the main cause of ECK problems.
Consider that in 1992, membership was remoulded to portray commitment to multiparty politics. In 1997, membership was altered through the IPPG to fit political demands of the day. The membership structure was also altered in 2003 to include members of the short-lived Rainbow Coalition. And for the fourth time in the fourth multi party elections, Kenyans want to repeat the same mistake knowing very well that it does not work. That must not happen. We Kenyans must not let political winds dictate structures of our civil institutions.
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The IPPG deal of 1997 was intended to appease political clamour for a fair election. Political parties pressured Moi to name their cohorts into the commission, but that still did not stop Moi and his government from rigging the election, as a crucial element that was incorporated in the 2002 elections where votes are counted at a polling station did not exist in 1997. So having Narc and ODM representatives in the ECK only rewards rent seekers but does not improve the conduct of elections.
It is intriguing that a group like the LSK can suggest that the elections will only be fair if Kivuitu and Mukele remain as commissioner in their respective positions. Whilst this is not the forum to lambast the incumbent chairman who is as predictable as the sum rising from the east, you must really question his and LSK's understanding of the structure of ECK.
The commission has a chief executive who is the Secretary of the commission and who is responsible for the appointment of grassroot officials. Kivuitu who is seen as the face of the ECK only performs a constitutional and legal duty by gazetting the officials. So Kivuitu may end up having very little say in who will man a polling station even if he was the darling of the opposition! Rigging will not take place at Anniversary Towers but at the polling station where we should train our attention.
Kenyans, and perhaps the media may have been led to believe that the appointment of commissioners from opposition parties would level any field. This is not the solution, and those close observers of the referendum will attest to the government actually being rigged out in the November vote especially in the north rift. This shows that even with a commission we did not have a problem with, rigging can take place.
Kibaki has finally shown the finger to the opposition by naming 9 characters to the ECK. Of these 4 are women and the representation is spread quite regionally. That is all the credit I would give these appointments. I am not certain their appointment or not would improve the quality of leaders we shall get this year or even eliminate the thieving that goes on. But I do have one prediction. Muturi Kigano seems poised to be the next chairman of the ECK when Kivuitu goes home in early December!