State House yet to confirm IEBC exits, says Chebukati

From left, IEBC commissioner Yusuf Guliye, chairman Wafula Chebukati and commissioner Molu Boya when they appeared before the National Assembly’s Justice and Legal Affairs Committee on May 3, 2018. PHOTO | JEFF ANGOTE 

By EDWIN MUTAI

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Summary

• Mr Chebukati told Parliament he had written to Mr Kinyua, Treasury PS Kamau Thugge, and commissioners Nkatha Maina (vice-chairperson), Paul Kurgat and Margaret Mwachanya seeking to know whether they had notified Mr Kenyatta of their “purported resignation.”

Independent Electoral and Boundaries Commission boss Wafula Chebukati has accused Head of Public Service Joseph Kinyua and the Treasury of failing to confirm whether the three IEBC commissioners who last month announced their resignation had notified President Uhuru Kenyatta of their decision.

Mr Chebukati told Parliament he had written to Mr Kinyua, Treasury PS Kamau Thugge, and commissioners Nkatha Maina (vice-chairperson), Paul Kurgat and Margaret Mwachanya seeking to know whether they had notified Mr Kenyatta of their “purported resignation.”

The commissioners addressed the media on April 16 and announced their resignation, citing a lack of confidence in the management of Mr Chebukati.

“I expected them to address the letter of resignation to the appointing authority who is the President and notify the commission formally that they have resigned. But as we speak, I have not seen copy of any resignation letter coming to my office since March 16,” Mr Chebukati told the Justice and Legal Affairs Committee of the National Assembly.

Mr Chebukati, who had been invited to shed light on the alleged resignation of the three commissioners told the MPs that he wrote to Mr Kinyua on April 20 to provide a copy, if any, of the resignation letters addressed to Mr Kenyatta.

“I have also written to commissioners who purported to resign to return the assets of commission.  They still have assets, vehicles and drivers but they have not responded,” Mr Chebukati said.

READ: IEBC crippled as three more commissioners step down

He told the committee that was chaired by its vicechairperson Alice Wahome that he had also written to the Treasury’s accounting officer “to stop the salaries of the commissioners because they are no longer working with us.”

“I don’t know if they earned a salary or not from the time of their purported resignation. There is no communication from the Treasury to us,” the polls boss said.

“There is no formal communication from commissioners who resigned, head of civil service or the Treasury as to whether such resignation exists. I have no idea if they were paid the salaries from 16th of March. I don’t know,” he said in response to questions posed by Kisumu Town West MP Olago Aluoch.

Mr Chebukati defended the continued stay of the remaining commissioners Boya Molu and Abdi Guliye in office saying Article 248 of the Constitution allows a minimum of three and a maximum of nine commissioners in a constitutional commission.

“It is our considered view that the commissions operations are not hampered by the reported resignation of the three commissioners, as various programmes and activities have been approved for implementation. However, oversight and creation of new policy direction may be deferred awaiting the restoration of a quorate commission,” Mr Chebukati, who was accompanied by his two commissioners said.