When Uganda embarked on the journey to reform its electoral system after the 2011 elections, Kenya was close to perfect three-dimensional representation of the kind of electoral system that Ugandans were looking for.

In 2013, I co-authored a paper titled, “Towards reforming Uganda’s electoral commission; critical areas and reform options.” 

The paper highlighted the key issues pertaining to Uganda’s Electoral Commission that needed reform. It proposed legislative and constitutional reform options to be urgently considered in the interest of strengthening the independence and credibility of Uganda’s electoral management body.

Key areas for review as outlined in that paper were: The appointment process of the commissioners; composition of the commission; qualifications of commissioners; term of office, tenure, conditions of service, and funding of the commission.

We also called for the powers of the commission to be strengthened so that the body could order the arrest, prosecution and or punishment of a person who breaks the law, without having to direct such cases through the Director of Public Prosecutions – as the law currently provides.

In short, our advocacy for the reform of Uganda’s EC largely drew inspiration from Kenya’s Independent Electoral and Boundaries Commission (IEBC) – its structure, nature of composition and the laws that govern its operations.

Having closely followed Kenya’s constitutional and electoral reform process that culminated in a new Constitution in 2010 and a raft of fresh electoral laws around 2011, the recent protests by the Coalition for Reform and Democracy (CORD) against the IEBC still remain a shocker to me. 

My long-held belief has always been that Kenya’s 2011 IEBC is one of the best electoral management bodies on the African continent – if not on the globe. For clarity’s sake, my belief hasn’t changed much!

Let us briefly look at how the current IEBC that is being contested by CORD was arrived at. 

The commission was recruited in November 2011 through one of the most rigorous, but transparent and admirable processes.

An independent specialised Selection Panel handled the public recruitment process. This panel was formed by a total of seven representatives drawn from the offices of the President, Prime Minister, Judicial Service Commission, the Anti-Corruption Advisory Board and the Association of Professional Services of East Africa.

To the best of my knowledge, most of the CORD leadership that is protesting against this commission was in government at the time, represented at the pinnacle by then prime minister Raila Odinga. Also important to note is that the selection panel was vetted by the national assembly that had a number of CORD Members of Parliament.

In terms of the actual recruitment process, the selection panel invited applications from qualified candidates from the public from which it shortlisted individuals to be interviewed.

The shortlisted individuals underwent a public interview process from which three individuals were selected for the position of chairperson, and 13 for the commissioners’ positions.

The names of selected candidates were then forwarded to the then president, Mwai Kibaki. The president chose one name out of the three candidates nominated for the position of chairperson and eight names from the pool of 13 proposed for commissioner appointment. To ensure full transparency and participation, the president forwarded the nine names to parliament for vetting.

By all measures, such a recruitment procedure is not only participatory but also dispels any claims of bias and favouritism by any particular political side.

In this case actually, members from both the CORD and Jubilee Alliance intrepidly and collectively participated in constituting the current IEBC – including playing a key role in proposing a raft of the present electoral laws in Kenya. 

It beats understanding to hear that a commission put in place through such an inclusive, involving, transparent and merit-based public process is already being challenged even before it completes its first term in office.

I am yet to be convinced that barely six years after serious electoral and constitutional changes, there is already a dire need to have another round of reforms including those that touch on the IEBC as CORD is proposing. 

When CORD finally agrees to dialogue with the Jubilee Alliance, I think, key on the agenda should be a call for a clear roadmap to the 2017 elections, timely voter education as well as ensuring that the Supreme Court is fully constituted.

The electorate needs to be aware of the key milestones ahead of 2017 but also Kenyans must have the confidence that the highest court in the land, which has an important adjudication role in electoral matters, is in functioning mode.

Crispy Kaheru is co-ordinator of the Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU)