Wafula Chebukati was kicked out of Parliament on Thursday as the select committee looking into amending election laws was not sure he was there for IEBC or as an individual.
The MP questioned whether the IEBC chairman was there on behalf of the commissioners or for himself.
His presentation on theElection Laws (Amendment) Bill did not indicate that the others endorsed it by appending their signatures.
The legislators sent him away saying he should return with the rest of his team.
Committee chair William Cheptumo (Baringo North) noted the issue at hand is serious so the IEBC boss cannot make submissions without a quorum.
“We receive the memorandum and we confirm it is not signed by the majority…we will be here until late…we allow the chair to come back with the commissioners,” he said.
Cheptumo said they should go back at around 7pm.
“We have to hear you and your commissioners today. We look forward to meeting you later,” he said.
He further noted the commission’s responsibility is collective so “it is good to know he did not act alone”.
“Unfortunately, we have only the chairman and the statement is not saying it is executed by commissioners or by him. We need to know it is a collective idea.”
‘SOLO APPEARANCE SIGN OF PROBLEM’
Co-chair Fatuma Dullo (Isiolo) said Chebukati indicated there is a problem by appearing alone.
“Clearly it shows there is a problem at the IEBC and it is good that we clear this out before we hear the chairman.”
Nairobi Senator Johnson Sakaja said the document can only be admissible as a “Chebukati memorandum”, not an IEBC memorandum.
“If the document is not signed by other commissioners it can’t be admissible to the committee but it can be admissible as his own submission,” he said.
Chebukati said there was no mischief in his solo appearance.
“I confirm that my being here alone is no mischief as alleged.The commission had a plenary meeting on Tuesday and we decided that I represent them,” he said.
The chair said that during their meetings, CEO Ezra Chiloba and other commissioners signed off agreed on every detail.
“As I sit here, the commissioners are in various stages of preparing for the election…nothing is further from the truth. If it is the feeling of the committee that I bring the commissioners, it can be arranged.”
He added everything done at IEBC follows decisions by all commissioners, not just him,” he said.
The chairman earlier said the Bill will cause more confusion than it seeks to address and that the only necessary changes are those relating to laws declared unconstitutional.
He noted the Bill is critical considering conflicting decisions in the Court of Appeal case by activist Maina Kiai and the Supreme Court’s ruling on NASA’s petition.
NASA chief Raila Odinga’s successful petition means he will face President Uhuru Kenyatta once again on October 26.
He had stipulated demands that he insists must be fulfilled, the consequence being a boycott.
International Crisis Group has called for compromise so the presidential rerun is credible and peaceful. It said a solution might be allowing Jubilee and NASA to have representatives in the commission.