Omtatah criticises Kenya’s independent commission appointment process, calls for reforms

Busia Senator Okiya Omtatah has criticised Kenya’s process of appointing independent commission officials, arguing that temporary selection panels create room for vested interests and weak institutions.

Speaking on Radio Generation on Monday, Omtatah said the existing framework relies on ad hoc arrangements that fail to produce credible and accountable leadership for key constitutional bodies.

"We're using an ad hoc process, a temporary process to produce a permanent product. Won't work," he said.

The senator questioned the role of temporary selection panels, arguing that the current process lacks continuity and creates opportunities for political interests and deal-making.

"If I asked you which was the recent panel in appointing the IEBC officials, you don't know," he said. "They even fought to be on that panel. They went to court and fought because they got there to make deals."

Omtatah argued that Kenya should borrow lessons from countries such as Brazil and South Africa, where he said appointments are linked to permanent institutions and office holders who can be held responsible for the choices they make.

"From Brazil, an independent commission is appointed by permanent office holders who have a responsibility to make sure they give people of credibility," he said.

According to him, a system anchored in established institutions would improve accountability because those involved in appointments would face scrutiny if commissioners failed to perform.

"You go to the Chief Justice and say, 'How come you gave us commissioners who cannot perform?'" he said.

The senator also criticised the involvement of groups such as religious leaders and civil society organisations in selection panels, questioning whether they had direct stakes in the process.

"What are these people looking for? You have no interest in that fight. Get out," he said.

He instead proposed that permanent constitutional institutions or political stakeholders should play a greater role in constituting selection bodies.

Omtatah also referred to earlier political arrangements, arguing that previous systems involving political players created a form of internal checks and balances.

"So the crooks check each other because they have interests in the system," he said.

Under Kenya's Constitution, the appointment of members of independent commissions follows a legal process outlined in Chapter Fifteen.

Article 250 provides that commissioners are first "identified and recommended for appointment in a manner prescribed by national legislation", before being approved by the National Assembly and formally appointed by the President. The Constitution also requires appointments to consider national values, regional balance and ethnic diversity.