YES, CONGRATS TO THE PSC FOR FINALLY SELECTING THE NEXT ECK CHAIRMAN, HOWEVER, KENYANS DESERVE TO KNOW WHY THEY SETTLED ON HIM

By Jerry Okungu
Hargeisa, Somaliland
April 3, 2009

Like many Kenyans that have been hanging on a cliff in a country without an election body, I am relieved to know that finally we have Ahmed Issack Hassan to be presented to Parliament for another shot at the job. Whether factional politics will dash his hopes as they did to one Mr. Miller is another matter.

However, what is intriguing and needs clarification is why, of all the candidates, Hassan got the job.

True, he is a qualified lawyer and an advocate of the High Court of Kenya. But so are Maina Kiai, Ole Kaparo, Koki Muli and Major Oswago who were shortlisted along with him.

True, he is a former Commissioner with the CRCK because he was a regional representative to the commission that spent billions of our taxes money for five good years without delivering a constitution for Kenyans under Prof Yash Pal Ghai and Justice Aroni.

Considering the profiles of Ole Kaparo as Speaker of the National Assembly for 10 years, Maina Kiai’s tenure as Chairman of the Kenya National Commission on Human Rights for 6 years, Koki Muli’s exemplary record at the Democracy Education outfit and Major Oswago’s military and vast institutional management experience, not to mention impressive academic credentials; what was so special that made the PSC settle on this man?

Did Kaparo fail the test because he had stepped on so many MPs’ toes? Surely Kaparo did more for them because as Chairman of the Parliamentary Service Committee, MPs now enjoy perks better than their British and American counterparts. They earn more money than either President Yoweri Museveni or Jakaya Kikwete!

I can understand why Parliament made sure Maina Kiai never got the job. He was a pain their neck for fueling corruption, electoral violence, propagating hate speeches and robbing the country blind. He never shied away from telling them that they had failed the country as Parliamentarians. Had they given him the ECK chair, they would have lived to regret it during election time. A number of regular riggers would never go past the nomination stage.

Perhaps the most pitiable casualties of these secret deals and pacts; the only rare moment when PNU and ODM seemed to have closed ranks were Koki Muli and Major Oswago whose only crimes were that they did not have tall friends in the corridors of power to state their case!

Was Muli disqualified because the last ECK Chairman was Mkamba like her? Was Major Oswago knocked out because he came from one of the big tribes? In other words; was this candidate chosen ostensibly because he came from a minority tribe and a Muslim? Did someone use this selection to pay political debts and to secure regional votes for 2012?

If these speculations are farfetched, then the more reason the PSC owes Kenyans clarification especially after Cabinet Minister Mutula Kilonzo raised the same concerns just a day before it announced their candidate.

For the ODM, the intrigues leading to the nomination of Hassan may return to haunt them in the years to come. If indeed it is true that political interests became more important than personal integrity, intellectual ability and managerial competence, then Kenyans may never be out of the woods yet.

This country may well be reminded how ODM fought tooth and nail to have Kivuitu’s contract extended despite the fact that he had constitutionally served his full term. At that time, all indications were that President Kibaki was bent on sending him home. His deputy plus a host of other commissioners had been given matching orders.

The ODM campaign that was finally joined by donors and the diplomatic community saw Kivuitu get his new contract in the nick of time. At that time, ODM believed that since he had served well in the 2002 elections and during the referendum three years later, the party believed that he was the right man to oversee the fiercely contested elections.

And what did Kenya get in the end? He gave Kenyans a thoroughly flawed election that was rigged beyond recognition. The beneficiary was in fact the incumbent President who had earlier wanted him out. ODM Party, Kivuitu’s chief campaigner was left with egg on its face.

I hope to God merit informed the decision to nominate the current candidate. I also hope to God that politics did not short-change merit, competence and integrity. If it did, then someone will again pay very dearly for this costly decision.

Meanwhile, all Kenyans of good will must impress upon their parliamentarians to cross examine this man thoroughly before giving him the job. It is in their job description to do due diligence on him; political interests notwithstanding.

jerryokungu@gmail.com