Kalonzo Letter to President Ruto on Appointment of IEBC Chairperson and Members

We note that today you received the report of the Panel charged with the responsibility of recruitment of persons to be considered for the Position of chairperson and members of the Independent Electoral and Boundaries Commission (IEBC).

The law requires that the Panel shall submit nine names for consideration of appointment of six commissioners and two names for the appointment of the Chairperson of the commission.

You will recall that the National Dialogue Committee (NADCO) (hereafter the "committee") report was established through resolutions by the National and Senate Assemblies on the 16th August and 29th August 2023 respectively and adopted on 24th February 2024. The report followed the decision to move the country forward after the post-2022 election conflict through bi-partisan talks bringing together Kenya kwanza Alliance, and Azimio La Umoja One Kenya Coalition. The Committee was mandated to facilitate dialogue and consensus building as well as recommend appropriate constitutional, legal, policy and administrative reforms on issues of concern to Kenya.

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.

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 Orange Democratic Movement the Rt. Hon 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 oposition is now represented by the Wiper Democratic Movement and the Democratic Action Party (DAP).

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 Hon Eugene Wamalwa, EGH, Party Leader, DAP Party.

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.

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.

Consequently, your Excellency, I anticipate your concurrence with this proposal at the earliest opportunity to allow us to progress this matter in line with the desires of the people we serve.

Yours sincerely,
H.E. Hon. Kalonzo Musyoka, EGH, SC
Party Leader
Wiper Democratic Movement

Cc:
Party Leader, Democratic Action Party
Party Leader, Orange Democratic Movement