In January this year, the CEO of the Independent Policing Oversight Authority (Ipoa), Dr Joel Mabonga, wrote to the board of the authority requesting his term to be renewed.
But shortly after, he withdrew that request and subsequently proceeded on terminal leave, pending retirement.
Behind Dr Mabonga’s withdrawal of his request is a story of power games and tension-filled working relations that exist inside independent commissions, with commissioners and CEOs pulling in opposite directions. This has led to a fairly high turnover of CEOs during the terms of inaugural commissioners.
OMBUDSMAN
For a few like Dr Mabonga, who finish their terms, the parting is often chaotic, with the CEOs and commissioners hardly on talking terms. “Having a high turnover of CEOs is not necessarily a bad thing. It might be a demonstration of a high level of accountability and greater involvement of the commissioners in the work of the commission. Sometimes a high turnover is a good thing because it keeps people efficient,” says Rarieda MP Otiende Amollo, who served as the inaugural chairman of the Commission on Administrative Justice (CAJ, Ombudsman).
Of all the commissions that came into being after the promulgation of the 2010 Constitution, the defunct Commission for the Implementation of the Constitution (CIC) holds the record for having had the highest number of CEOs within a span of just five years. By the time CIC was folding in 2016, it had had four substantive CEOs — namely Mr Simon Rotich, who was seconded by the Public Service Commission at the inception of CIC, Mr Peter ole Nkuraiya who served for about a year before he left to join the Public Service Commission, Ms Lily Koros who left to become the CEO of Kenyatta National Hospital until early 2018, and Mr Joseph Kosure. Between Mr Nkuraiya and Ms Koros, two CIC directors acted as CEOs for about six months.
FORCED LEAVE
The same revolving door has been witnessed at the National Police Service Commission (NPSC) which to date has had three CEOs. They include Mr Elijah Achoch, who was only able to serve six months of his five-year contract. His contract was terminated in September 2013 on allegations of “improper conduct and failure to implement the commission’s decisions.” The NPSC has also had Jairus Ojango Omumu and the current CEO Joseph Onyango.
All the three have served with the inaugural commissioners, led by Mr Johnston Kavuludi, who are still within their six-year term.
The Salaries and Remuneration Commission (SRC), Judicial Service Commission (JSC), National Gender and Equality Commission (NGEC), the Independent Electoral and Boundaries Commission (IEBC) have all had two CEOs.
At IEBC, a third CEO is highly likely, following the acrimonious relationship between the current commissioners and Mr Ezra Chiloba, who is currently on forced leave.
ROLES
Mr Chiloba has since moved to court to challenge the commission’s decision to send him on forced leave and the case is pending in court. Also, still in court is the case lodged by former NGEC CEO Rose Odhiambo, who was sacked in 2014.
Mr Amollo says the problem stems from a misunderstanding by commissioners and secretariat of each other’s respective roles.
“If the commissioners go too deep in the day-to-day running — like looking at who was late and such things — then they are seen to be interfering with the jurisdiction of the secretariat. On the other hand, if a CEO believes he can make fundamental decisions, including defying the chair and commissioners, then he too will be overreaching,” said Mr Amollo.
Inaugural SRC CEO Grace Otieno agrees. “There is no problem with the law. It is the people,” she told the Sunday Nation.
COMPETING
It is a view shared by many other current and former CEOs.
One of the CEOs with a pending case in court and who requested not to be named, was more explicit, saying money and power were the cause of tension between commissioners and the secretariat. “But also, if you don’t have the ‘right’ people behind you, chances of surviving are minimal, he said.
Yet another issue that arises is that even though the CEOs are appointed by commissioners, once they take office the National Treasury also formally appoints them as accounting officers. This creates a two competing centres, which each demanding accountability from the CEO.
