NATION Insight Report
Monday, February 4, 2002

By NATION Reporter

As the clock ticks towards another General Election, President Moi will have a free-hand to appoint an Electoral Commission of his choosing. The five-year tenure of the 10 commissioners nominated by the Opposition expires later in October.

In their rush to be allowed to directly nominate members to an expanded Electoral Commission in advance of the 1997 General Election, Opposition parties overlooked a crucial link: when the amendments were put in place raising the maximum number of electoral commissioners from 12 to 22, no provision was made for a new mode of appointing commissioners.

It was seen as a one-off deal negotiated as part of the Inter-Parties Parliamentary Group package.

The commissioners whose stint draws to a close this year are Mr Justice William Mbaya, Mr Habel Nyamu and Mr Kihara Muttu (Democratic Party); Mr Abuya Abuya, Mr Jack Tumwa and Ms Rachel Mzera (Ford Kenya), Mr Philip Gachoka, Brig (Rtd) Reuben Musonye and Mr Samuel Muiya Munyunza (Ford-Asili) and Mr Stephenson Mageto (Kenya Social Congress).

That it was Opposition nominees who blew the whistle on the controversial State House visit might be seen as an indication that having all-party representation provides a working system of checks and balances.

It might also stiffen Kanu's resolve to ensure a totally loyal commission. But even if the Opposition parties are allowed to nominate Members come October, another problem could crop up.

The appointments of October 1997 were roughly based on the strength of each party in Parliament.

Thus the three main Opposition parties of the day – Ford Kenya, Ford Asili and DP – got three slots each, while the Kenya Social Congress of Mr George Anyona got one slot.

DP favours the same method but the make-up of the Opposition benches has changed considerably. Ford Asili has only one MP these days, for instance.

The National Development Party had only one MP then but has become one of the major parties – though in alliance with Kanu – and queries might be raised over whether it qualifies for an Opposition slot.

Mr Anyona remains in Parliament as the sole KSC MP. But there are other parties that will be angling for representation, including the Social Democratic Party which in 1997 had no representation in Parliament but now has about 15 MPs, and Safina – with six MPs now but not in existence in 1997.

Chances are that there could be serious wrangling before the Opposition settles on a fair formula.

Besides, the process itself is flawed. The laws provide no standards to ensure that commissioners, whether appointed by Kanu or the Opposition, meet basic education, competence and morality standards.

If anything, the 1997 nominations only gave party chiefs a chance to reward friends and party loyalists – irrespective of their suitability.