The
commissioners tendered the notice on Tuesday, October 4 evening, a day
the Election (Amendment) Act became effective, a month after its signing
into law by President Kenyatta.
Despite this, the commissioners will
stay in office until a new poll body is put in place to avoid a possible
constitutional crisis.Speaking after the meeting, State House Chief of Staff and Head of Public Service, Joseph Kinyua, said that the decision was reached after much consideration of both parties in the negotiation, public interests and legal and constitutional demands.
The decision,
Kinyua said, was also guided but the contract of appointment for the
commissioners and the Salaries and Remuneration Commission (SRC).
EBC chair, Ahmed Issack
Hassan, said that their extended stay in office would not in any way
jeopardise preparations for a free and fair 2017 election, adding that
as commissioners are determined to ensure a smooth transition.
“We reiterate our position that the current commissioners are not a
stumbling block in the preparation of the next General Election. The
speedy outcome of these negotiations is an attestation to this
commitment,” stated Hassan in the statement.
Last week, ODM
leader, Raila Odinga, gave the commissioners one week to vacate office
failure to which they would resume their anti-IEBC protests.
Speaking in
Narok, Raila said that the move by the commissioners to extend their
stay in office is part of a large scheme to rig the elections in favour
of President Kenyatta.
Similar concerns were raised by Kakamega Senator, Bonny Khalwale, who said the deal is null and void, insisting that the commissioners should vacate office as soon as possible.
“The new
committee that was tasked with negotiation IEBC commissioners exit
package has given themselves unconstitutional mandate to extend the
commissioners’ stay in office until November 25, 2016.”
His pronouncement have however not augured well with members of the Jubilee Party, with Deputy President, William Ruto, saying the utterances are only aimed at creating tension in the country.
Ruto, in his
speech in Machakos on Sunday, called on Raila to desist from making
inflammatory statements saying he should instead focus on uniting the
country.
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