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Thursday, July 7, 2022

An Interview with Ahmed Issack: Chairperson of the Independent Electoral Commission of Kenya

By Adan Makina

July 27, 2012

WardheerNews

WardheerNews (WDN): welcome to WardheerNews Mr. Ahmed Issack. Could you please share with our esteemed readers the importance of the Independent Electoral Commission of Kenya?

Ahmed Issack: The IEBC is an independent body established by the Constitution with the mandate to manage and conduct elections and referenda in the country. It also has the mandate to undertake review of constituency and county assembly ward boundaries, every 8 to 12 years, or periodically for the case of county assembly ward boundaries. The Constitution emphasizes that the sovereign authority of the people of Kenya is exercisable directly or through their elected representatives. The same Constitution provides a devolved system of Government, a two-tier legislature, and an electoral system with a semblance of a mixed member proportional representation providing for categories of special seats. This has translated to a system where Kenyans would vote for six (6) elective positions, all in one day. The specific role of the Commission therefore is to get Kenyans registered for the elections, regulate nomination process of candidates and the campaign period and finally, conduct their elections into office. While doing all this, the Commission is also required to create public awareness on the elections and the manner of voting.

WDN: How did the members of the Electoral Commission come about? Could you give us a brief background of members of the commission, what parties they represent and if there are any members who don’t belong to any party?

Ahmed Issack: Unlike in the past where membership represented interests of different political parties, members of IEBC are appointed through a competitive process through a Selection Panel. The Selection Panel is appointed by the President in consultation with the Prime Minister (this applies until after the first elections) and with the approval of the National Assembly. The Panel is facilitated by the Public Service Commission. The Panel is required to advertise for the positions of the Chairperson and


members of the Commission in newspapers of national circulation within seven days of their appointment. The Panel shortlists candidates and submits to the President 3 names for Chairperson and 13 names for members of the Commission. The President nominates the Chairperson and 8 members and tables the names before the National Assembly for vetting and approval. The National Assembly then vets and approves/rejects name(s). In case of rejection, the President can draw other names from the remaining list forwarded by the Selection 2 Panel. If all the names forwarded to the President by the Panel are rejected, the Selection Panel is required to send fresh names to the President from those shortlisted. The list of nominees is required to observer regional and ethnic diversity, and gender balance (at least one-third to be of opposite gender).

WDN: The commission you head is independent-meaning it is free, autonomous or self-regulating. Since Kenya is a land that is known for corruption, exploitation, and malfeasance, do you think the Electoral Commission will carry out its activities without government involvement?

Ahmed Issack: The Commission has institutional and functional independence but not yet financial independence. The budget is a subject of negotiation with the relevant agencies. The Elections Act however has established a Fund of the Commission, which is a charge on the Consolidated Fund. In this regard, the Commission is looking forward to financial independence.

WDN: How prepared is the Electoral Commission for the upcoming elections?

Ahmed Issack: Despite the budgetary constraints, the Commission is prepared and committed to deliver a credible election. The legal framework is in place and the attendant Regulations will be approved by the National Assembly by September. Procurement of election materials and personnel is ongoing, voter education materials and operational manuals are in place, capacity building and training of staff has commenced, and accreditation of observer groups is ongoing. The boundaries cases have now been concluded save for a few appeals filed. The Commission is about to roll out voter education on the elections and sensitization on voter registration and on the manner of voting. The Commission is in the process of mapping polling stations in preparation for the registration exercise in 40,000 polling stations. The Commission is also preparing a vote tabulation system that would allow transmission of results of all the six (6) elective positions in over 300 tallying centers countrywide. The Commission has put in place dispute resolution mechanisms including setting up an Electoral Code of Conduct Compliance and Enforcement Committee, Dispute Resolution Committee, Peace Committees, Conflict Management Panels, etc. Some of these are cascaded to the County and/or Constituencies for effective management of electoral disputes as and when they arise. The Commission works closely with strategic partners in election, including relevant Government agencies with some role in electoral related matters such as in security, issuance of ID cards, schools (which are the primary premises for polling stations), transport and logistics, etc.

WDN: How many polling stations have been reserved for this mammoth exercise?

Ahmed Issack: The Commission will be increasing the number of polling stations from the current 23,000 to 40,000 polling stations. This will address issues of voters walking long distances to access registration centers/polling stations and to allow adequate time for them to cast their vote.

WDN: How is the anticipated democratic election that is to be held next year different from past high-handed elections of the Kenyatta and Moi years?

Ahmed Issack: The competitive nature of the appointment process will greatly enhance the independence of the Commission. The electoral reforms now in place will further ensure enhanced compliance with the rules and regulations on elections. The Commission has now employed Returning Officers on permanent and pensionable terms in order to make them more accountable for their actions. In addition, the law now imposes heavy sanctions for officers who subvert the process of free and fair elections or who knowingly obstruct the Commission in the discharge of its functions or otherwise interferes with the functions of the Commission; they would be liable to 3 years imprisonment or 1 million fine or to both.

WDN: What measures have you put in place to avoid a repeat of the election irregularities of 2008 where thousands of innocent civilians were either indiscriminately killed or evicted from their homes by marauding hooligans?

Ahmed Issack: The Commission has put in systems and processes in place that would ensure peaceful elections. In addition, judicial reforms have been undertaken, giving Kenyans a renewed hope in the judiciary as an avenue for seeking justice, rather than resorting to violence. The dispute resolution mechanisms outlined above have so far worked very well. The Commission is also working closely with the National Cohesion and Integration Commission to ensure peaceful campaigning and elections. Lastly, the sanctions put in place, including barring of candidates or parties from contesting in elections are likely to deter any attempt to go back to 2007/8. Furthermore, the law now grants the Commission the power to investigate and prosecute election offences. The Commission will have resident Investigators and Prosecutors, and will work closely with the Office of the Director of Prosecutions for additional support. Lastly, the ICC process is surely a live lesson for the country.

WDN: Do you think the Kenya police force will be capable of keeping the peace despite their tarnished image?

Ahmed Issack: Police reforms have been part of the agenda 4 reforms. Tremendous work has been undertaken to ensure that our security agencies are properly capacitated and exercise their duties within the confines of the law. The Commission engages security agencies when planning for elections for purposes of sharing intelligence and briefing them on the Electoral Code of Conduct and its implications. In return, the security agencies commit to providing the much-needed security for election staff, premises and materials and regular updates on the security situation.

WDN: Will international election observers be deployed to oversee and ensure the culmination of smooth and fair elections?

Ahmed Issack: Yes. The Commission has in the past accredited both domestic and international observers. During the constitutional referendum of 2010, the Commission accredited over 4,000 observers. We have now commenced on the accreditation process, particularly for the long-term observers, who observe the entire electoral cycle rather than the campaign and polling only. The Commission has also allowed Election Assessment Missions to assess the level of preparedness for the upcoming elections.

WDN: What punitive measures have been put in place by the election commission to fight mix-ups, misinformation, vote buying, ballot stuffing, mis-recording of votes, misleading or confusing ballot papers, electoral fraud, tampering with electronic voting machines, and destruction of ballot papers?

Ahmed Issack: Part VI of the Elections Act outlines an array of election offences, including fines, imprisonment and barring of candidates and political parties from contesting in elections. The Commission has the mandate to monitor the implementation of the Electoral Code of Conduct and any possible breaches thereof. The biggest challenge however is to get hold of admissible evidence for such alleged offences to allow for prosecution of the offenders. There has been in the best allegations on such offences, but no tangible evidence to support them. The Commission appeals to all Kenyans, political parties and aspirants to be vigilant and share evidence to support such allegations.

WDN: Who will be overseeing the safety of election boxes and election cases?

Ahmed Issack: The Commission has the mandate to oversee the election and the related processes. It works closely with security agencies to ensure safety of election materials, premises and materials of the Commission. During election times, the Commission gets security personnel from the Kenya Police, the Administration Police and other agencies, where necessary. This however calls for an additional cost, which competes against others within the budget constraints.

WDN: Electorate manipulation usually happens during or immediately after election campaigns. Manipulation of democracy is the illegal act of authorities artificially controlling electorate composition for the sake of producing foregone result. How are you going to handle such cases in a country that is entirely responsive to vice?

Ahmed Issack: The Constitution and the law guide the Commission and all players in elections. Therefore, as long as each of the players act within the law, be it the Commission, the candidates or political parties, the Police or the Courts, the hand of the law would be applied indiscriminately.

WDN: How long will it take to resolve a disputed election?

Ahmed Issack: The Constitution provides that a dispute on the presidential election should be filed with the Supreme Court within 7 days; it should be heard and determined within 14 days. On the other hand, any dispute arising out of the other elections is to be filed at the High Court and to be heard and determined within 6 months. This is a big step forward, considering that in the past there was no time within which the court could hear and determine an election petition.

WDN: Are the Kenyan Diaspora allowed to vote in the coming elections and how will their voting be regulated?

Ahmed Issack: The Constitution provides that citizens residing outside Kenya will have a progressive right to be registered and to vote. The progressive nature of this right takes into account many factors, including the review of the legislative framework, the planning and logistics concerned and of course, the cost component related to this right. As a start, the Commission will register citizens residing outside Kenya at the designated Kenyan Missions abroad. This will take into account the cost and logistics of the particular Mission. The Commission will designate the staff of such Missions, other than the High Commissioners and their Deputies, to be registration and eventually polling officials. For purposes of the forthcoming elections, the Commission will register citizens residing outside Kenya to vote for presidential elections and national referenda. Best practices of other jurisdictions and domestic constraints will inform future how citizens residing outside Kenya will vote in future.

WDN: Do prison inmates have the legal right to partake in the coming elections?

Ahmed Issack: In the past, prison inmates were not eligible to vote. Prior to the 2010 national constitutional referendum, the former Commission (IIEC) was ordered by the Court to register prisoners for the referendum. The Commission complied with the Court Order and registered prisoners and facilitated their voting during the referendum. This however had its challenges, out of the 30,000 estimated prisoners, only 5,000 registered to vote. Less than 50,000 of these eventually voted for one reason or another. Based on the lessons learnt from this exercise, the Commission has put in mechanisms to provide for the registration of prisoners.

WDN: Kenya-Somalis in North eastern Kenya are mostly Nomads, concentrated in rural areas. How will you facilitate for those Kenyans to participate to exercise their voting rights?

Ahmed Issack The law requires the Commission to put in mechanisms to facilitate registration of eligible voters and to ensure that they exercise their constitutional right to vote. One such mechanism is mobile registration centres for pastoralist areas or areas with mobile communities. The Commission gazettes such polling stations are “mobile” to allow the registration staff to follow the communities to the grazing areas or watering holes. This strategy has greatly enhanced participation of such communities in the electoral process.

WDN: There were some irregularities and rigging election that took place in last election in some parts of North eastern Kenya. What would you tell Kenya- Somalis to entrust and lend full confidence in the election process so that their votes will be counted without any fixation this time?

Ahmed Issack: The systems and processes that the Commission has put in place have taken into account the recommendations of the “Kriegler” Report and have addressed the shortcomings identified in the Report that led to the 2007/8 post-election violence. The strategies adopted by the Commission have been arrived at through intensive consultations with various stakeholders in the electoral processes, including representatives of the target groups. This has enhanced public confidence in the Commission in particular and in the electoral process in general.

WDN: Will this be the end of the era for nominated or appointed governors or officials to head a region they do not belong?

Ahmed Issack: The nomination of candidates envisaged by the law is for purposes of proportional representation of special categories of sections of the communities, including youth, persons with disabilities, women, workers, marginalized and minority groups. The law does not restrict their appointment to a particular region, but it does provide that the list should have regional and ethnic diversity.

WDN: Thanks for sharing your views with WardheerNews

Ahmed Issack: I appreciate your time and efforts.

 

An Eye on Somali Philosopher and Poet “Idaajaa”

                                                                       By Adan Makina

April 11, 2022

 

Praise Be To Allah who has given me the ability and time to write on a very special person in this blessed month of Ramadan. Ramadan is the ninth month of the Islamic Hijri calendar and it is also the month when the first revelation of the Qur’an occurred. Part of the five pillars of Islam, Muslims spend their time in prayers, reading the Qur’an and serving their communities who are in need.

Despite having conversations with him over the phone a few times, honestly speaking, we have never met face-to-face before. However, I’ve known him for decades because I was a great reader of newspapers like Xiddigta Oktoobar and Halgan and international magazines such as Newsweek, Time and the National Geographic that I was a subscriber for over a decade or so. Likewise, I was also a great listener to Radio Mogadishu and Radio Moscow and the British Broadcasting Corporation (BBC) before the collapse of Somalia.

While his real name is Ahmed Farah Ali and since almost all Somalis have nicknames according to a foreign correspondent, he is also known as “Idaajaa.” No wonder the name Idaajaa is from a surah or verse in the Qur’an. To this day, I have a friend whose nickname is “Aladii”–also a surah from the Qur’an, which, I think was one of the hardest to memorize for local dugsi (Qur’an school) students of yore.[i] For “Aladii”, Qur’an students were known to sing “Aladii i gubtooy i guduudisoy”, which translates to ‘Aladii that burns me and leaves reddish color on my epidermis’ which is the outer layer of the skin. The burning is the pain from the whipping of the Qur’an teacher when a student misses an ayah or verse while the reddish color connotes the traces left after the inflictions are done. After thorough search on “Aladii”, the final meaning derived from Surah Muhammad which is the 47th surah with 30 ayahs. As for “Idaajaa” that is Arabic, regardless of being his nickname, it means “when comes…” For example, some surahs begin with Idaa jaa like Surah Al-Nasr (110: 1) that starts with the verse “When Allah’s ultimate help comes and the victory ˹over Mecca is achieved’.”

Somalia’s Idaajaa is the author of Dabkuu shiday darwiishkii (1974) with contributions from Cabdulqaadir Xirsi "Yamyam who is regarded among the top poets of Somalia. Idaajaa is an orator, a political analyst, a broadcaster, a poet, and a translator and as well, a mentor for millions of Somalis from the time he started his radio broadcasting in the early 70s until now. Calling Idaajaa names and complaining that his poetic narrations or broadcasting have been the cause of divisions since he is directed to only a few clan poets are outrightly meaningless for such exclamations have been conceived by people with negative tribal mindsets and obviously could be branded deceitfully invigorating miserable individuals because some brandish barren degrees that have not done anything meaningful to Somalis and humanity in general.

The above ethos reminds me of one my articles on Maxamed Saleebaan “Tubeec” that appeared on WardheerNews on February 9, 2012. Even though the first article on the vocalist had to undergo changes in the form of a eulogy on April 4, 2014 with the title In Memory of Tubeec: King of Somali Music after his departure from this world while in Germany, a comment from a famous and educated Somali man who is well known to many since he is a great writer in the Somali language left me in bewilderment. Rather than being thankful, he wrote in Somali “waxba noomaadan sheegin”, meaning you have narrated nothing to us. In response to his sarcastic and belittling language, I wrote back to him saying “isku gobol ayaad ka timaadeene, maxaad wax uga qori weyday”? I meant, since you hailed from the same region, what prevented you from writing an article about him? With that in mind, years later, I received an electronic message from a man who was from the same region as the previous recalcitrant responder. He wrote, “Makina, you really described Tubeec exactly the way he was known to us.” That shows how people have opposing personality traits resulting from negative and positive emotions.


According to a friend who is familiar with the historical past of Idaajaa, there was a time he landed in a big city in one of the states of Somalia. At the airport, he was confronted by a few men who wanted to know why he always spent most of his time on Seyid Muhammad Abdullah Hassan’s poems and why he gave little credence to their reputed poets. The Seyid was the man who fought imperialist powers for almost over twenty years. To call a spade a spade, he reminded them that the Seyid always recited his poems by mentioning the name of Allah while their poets were religiously deficient. Amazed and ashamed of their arrogance, they let him go free.[ii]

By Googling the name Idaajaa one’s reflection could end up boggled, because the name is so numerous in almost every social media and that could lead to confusion when it comes to picking up the right choice. Whether in audio or visual form, every search engine will give you pages loaded with his name. He has a captivating voice that is humorous, soulful, exhilarating and melodious and unique especially in his presentation styles.

The number of Somali poems, mythological stories, social, cultural and traditional commendations he has presented remain uncountable. How he narrates the historical poem known as “Silsiladdii Guba” that was started by Cali Dhuux Aadan that brought together a combination of 12 well-versed poets, has produced many eidetic modern young Somali men. An eidetic is someone with the ability to memorize a conversation, poem or stories no matter how long they could be. The most famous Somali eidetic who memorized almost 100 poems of the Seyid and who took over the leadership of the Dervishes was Hussein Dhiqle. He has been described as the best eidetic of his era.[iii]

Idaajaa is a political analyst for the Voice of America (VOA) Somali Service and the British Broadcasting Corporation (BBC) on matters related to political and religious ideologies, social, cultural and traditional issues and other factors. Someone with such wide array of knowledge is regarded as a polymath and if writing and reading is included, he becomes a philomath. We could assume Idaajaa is a man of literary repute, a man who has surpassed the love for wisdom which is Doctorate of Philosophy (PhD) because, in modern times, there are many Somalis having multiple degrees who have contributed nothing to the advancement of their society.

One day, while reading a research paper on the Somali language–a paper that was written by a foreigner, I got shocked to learn that the author or writer was out of context, because s/he claimed that words that end with ‘kayaga’ are exclusive to the Dhulbahante only. Dhulkayaga, waddankayaga, dhaqankayaga and others fall under that category. To avoid falling into a literary dragnet, out of curiosity, I picked up the phone and called Idaajaa who proved to me that the writer was out of topic and misplaced in his or her grammatical expounding. Likewise, Idaajaa told me that he doesn’t belong to the said tribe and that he commonly uses those end words.

Many doubting Toms who have been defective of the history of the humorous Garaad Wiil Waal now have the chance to narrate to their children in audiovisual series or receptions while Carraweelo aka Ceebla’–the most brutal woman in Somali history who castrated men and is characteristically defined as akin to Queen Hatshepsut of Egypt, is easily accessible on Youtube with the appealing voice of Idaajaa overtaking other presenters. Even though the exact period or era when recordkeeping started in the world is unknown and conjectural, for contemporary Somali history, enough has been recorded to entertain our current and future generations.

Full of creativity, Idaajaa, the Somali man of wisdom who served his nation with dignity and devotion to culture and literature, is also a poet. While mimicry elicits stereotypes, Idaajaa has been criticized by some who don’t have control of their mannerisms. Psychologically, it is common for people to have different behaviors that include being active, ambitious, cautious, curious, creative and finally being conscientious. Part of the positive task-oriented behavior, the rest are logical, organized, perfectionist and precise.[iv] Those displaying negative task-oriented behaviors are known to be scatterbrained, volatile, lazy, careless and anxious. There are also the extroverts and introverts. There is no human being who is perfect. We all have weaknesses and the best of all amongst us is the patient one.

Regarding the commitments of Idaajaa to Somali cause, there is enough evidence that reveals the role he played from the very first day he spoke on a radio microphone, the first day he jotted down an article either using the old type QWERTY typewriter or the day he scribbled a note using a Bic pen or a ballpoint pen that is manufactured by Société Bic of Clichy, Hauts-de-Seine, France and an exercise book. On a final note, Idaajaa deserves a pat on the back for the hard work and determination spent spreading what benefits the people of Somalia for over half a century.

Nota Bene: This article will appear in the writer’s upcoming book to be released after Eid Mubarak, In Shaa Allaah.

Adan Makina

adan.makina@gmail.com

References



[i] Telephonic conversation with Maalim Idris and Abubakar Mohamed. April 11, 2022, Kenya.

[ii] Telephonic Interview with Ibrahim Sambul. March 15, 2022, Dhagaxley Refugee Camp, Kenya.

[iii] An Anthology of Somali Poetry - 1993 – PAGE 48

[iv] List of Words that Describe Behavior. Retrieved from https://grammar.yourdictionary.com/word-lists/list-of-words-that-describe-behavior.html

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