NAIROBI, Kenya – The chairperson of the Council of the Kenya School of Government, Charles Nyachae, has clarified his decision to step down from the East African Court of Justice (EACJ), citing fairness and integrity as his primary motivations.
Nyachae, who is now vying for the position of Chairperson of the Independent Electoral and Boundaries Commission (IEBC), addressed the matter while appearing before the Selection Panel tasked with recruiting nominees for the IEBC leadership.
Nyachae explained that his resignation from the regional court was driven by its inability to fulfill its mandate due to persistent financial challenges.
According to him, the court had become practically dysfunctional, with regular cancellations of sessions throughout 2023.
“As each session was approached, it was cancelled because of financial issues. When this happened practically in the whole of 2023, I said to myself, I am not being fair to the people of East Africa since all this time, every month, I earned US$2,000 (Sh280,000) for doing nothing,” Nyachae told the panel.
The Selection Panel Chair, Nelson Makanda, raised concerns about Nyachae’s ability to endure the pressures of the IEBC chairmanship, referencing his earlier resignation from the EACJ.
“You resigned from a judicial position that does not have similar pressure as this. Are we going to have our chair resign before the end of the day?” Makanda asked.
In response, Nyachae emphasized that his decision to leave the EACJ had been well thought out and based on the court’s operational inefficiencies.
He assured the panel that the circumstances at the IEBC would be different.
“I do not anticipate those problems if I get to become the chair of the commission. I do not foresee a day when the commission will grind to zero. There may be budget cuts, but I believe they will only affect parts of the commission’s mandate,” he said.
Nyachae’s candidacy for the IEBC chairmanship comes amid heightened scrutiny, given the critical role the commission plays in overseeing Kenya’s elections.
He is among 11 candidates shortlisted to fill the position, which has been vacant since the tenure of former Chair Wafula Chebukati ended.
The other candidates include former Judiciary Chief Registrar Anne Amadi, Abdulqadir Lorot Ramadhan, Joy Mdivo, Edward Katama Ngeywa, Erastus Edung Ethekon, Francis Kakai Kissinger, Jacob Ngwele Muvengei, Lilian Wanjiku Manegene, Robert Akumu Asembo, and Saul Simiyu Wasilwa.
Nyachae expressed confidence in his ability to lead the commission effectively, highlighting his extensive experience in governance and legal matters.
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