Isaack Hassan: Why Ruto cautioned me about Ezra Chiloba
In the final instalment of our serialisation of his memoirs, Ahmed Issack Hassan, the former chairman of the Independent Electoral and Boundaries Commission, reveals the intrigues behind the hiring of Ezra Chiloba as CEO of the elections agency, the distrust that met his decision, and how Uhuru intervened to rescue him from a political and media lynch mob.
Ezra Chiloba joined the commission in January 2015, to replace Oswago after the former CEO’s five-year term expired while he was on suspension.
Oswago was unhappy when his term was not renewed. The commission suspended Oswago along with his deputy, Wilson Shollei, the acting procurement manager, Willy Kamanga, and the finance and procurement director, Edward Karisa.
The four had been arrested and charged with corruption offences. Sam Shollei called soon after this, warning me to refrain from sacking his brother Wilson, vowing that he would destroy me if he was sent home.
I couldn’t tell how he would do it, but since he had been at the helm of one of the media houses in Kenya, I figured that the threat would likely be executed through the media.
The commission picked Betty Nyabuto, who had been the Deputy CEO handling operations, to replace Oswago as the acting CEO in the meantime. I did not want to take any chances with our next CEO after Oswago left, and even started looking out for the most suitable person.
I needed someone who was well acquainted with our operations. A Kenyan working with our donors would be best suited for this because such an individual would understand how the commission operated. As we had already experienced, it was a critical and sensitive position that could adversely affect the performance of the secretariat and the entire commission.
My initial choice for the job was Murathe Kinuthia, who worked with the Department for International Development (DFID) as head of governance. He declined the offer when I asked him to consider working with us, stating that he was not interested in the job. He may have understood the politics associated with the position.
He pointed out that it was highly unlikely that a person from the Kikuyu community would be accepted for the job. However, he proposed that I talk to Dickson Omondi, the then-country director of the National Democratic Institute (NDI), as a possible candidate.
I reached out to Omondi and we had a lengthy conversation about the position. He was happy to have been proposed by Murathe, and said that it would be an honour to work with us. He would send his application as soon as we advertised, and I let him know that I would alert him in good time.
At the back of my mind, however, I still felt the need to have another option, and not just rely on one proposal, so I reached out to Ezra Chiloba. I first met him in June 2009, when he was working with UNDP, managing the IIEC’s basket fund. We kept in touch after he left and joined the British High Commission. He had a good understanding of the commission’s operations and I enjoyed a cordial working relationship with him.
Non-committal
He was non-committal when I reached out to him with the proposal. He requested time to think about it, pray, and consult his family on the matter. He got back to me after a week and confirmed that he would apply for the position once we advertised.
He had not only consulted his wife and family members, but as a staunch member of the Seventh Day Adventist (SDA), he had also involved the church elders and asked for their prayers and blessings before giving me a response. It gave me even greater assurance that he would be the right person if he came on board.
I informed Chiloba and Omondi that the interview process would be competitive. If they made it through to the shortlisting level, we would meet them at the board level for the final selection.
PricewaterhouseCoopers (PwC) conducted interviews for the positions of CEO, Deputy CEO and director of finance, then shortlisted four candidates for each.
The four shortlisted for the CEO position were Erastus Ethekon, a programme specialist at UNDP, Ezra Chiloba, Dickson Omondi, and Betty Nyabuto, the acting CEO. We were to have a board meeting the following week on Monday with each of them.
That weekend, I received a call from the Deputy President, William Ruto.
Former Independent Electoral and Boundaries Commission (IEBC) chairman Issack Hassan (second right) addresses the media at the agency's offices in Nairobi on May 5, 2016. He is flanked by former IEBC chief executive Ezra Chiloba (second left) and ex-commissioners Kule Galma Godana and Thomas Letangule.
He requested me to join him for a cup of tea at his house at 11.00 am after he came from church on Sunday. He introduced me to his son, who was a budding lawyer doing his pupilage at one of the law firms in Nairobi. I remarked that he was a certified true copy of the original because of the striking resemblance to his father. After a brief chat, Ruto then went on to make an inquiry.
“Chairman, you will embark on the selection process for the CEO tomorrow. Who will you be picking?”
“We have four names for the candidates who have qualified,” I said. “We will carry out our own assessment before making the choice.”
“I know that, but who are you, in particular, picking? Who among them is your favourite?”
“Ezra Chiloba.”
He paused before responding.
“Huyu jamaa hawezi kukusaliti?” he asked, wondering aloud if the fellow would not betray me.
“Mheshimiwa, I don’t think so. I think he is a solid guy.”
The Deputy President stood up and walked to the window, in deep thought, then turned around and said:
“Chairman, I have been in politics for a long time. Even when you think someone is with you, you have to keep checking over your shoulder to confirm whether he is with you or not. Otherwise, if you make the mistake of thinking everything is okay, you may find out that you have been abandoned, and you are on your own. I'm telling you. I have been in politics for a while now.”
“No mheshimiwa. This guy is a young man, he is solid and he is good,” I said in his defence.
I got the impression that the Deputy President was not necessarily against my choice, but that he probably had another option for the position of CEO. Ultimately, Chiloba was picked as the commission’s CEO.
PAC report
The Public Accounts Committee (PAC) eventually completed and submitted its report. IEBC’s response to the National Assembly on PAC’s report, on 16th May 2016, reflected the insatiable appetite for bribes by PAC members.
We made the following submission of our conclusion: ‘The PAC Report was for sale to the highest bidder. Some commissioners and the CEO were severally solicited by members for money, ‘to be seen’ or ‘to talk to them’, and when they failed to pay the money, were marked for condemnation.’
I also received updates on what was happening in the committee from two members of PAC. They confirmed over and over again that there was one agenda – to fix me and crucify the commission through their report. The two had been trying hard to fight off the other members of the committee, as they could see the malice in the plan, but there was only so much they could do.
Part of the recommendation the committee proposed was that because of what I was being accused of, I should not be considered for any other position in a public office henceforth. I was told that they were also hungry for bribes, so I was required to look for money to placate them. They were asking for three million shillings to be shared among the members so they could write a favourable report.
I was greatly upset upon learning this and called a senior official of the EACC to report the matter. I was ready to wear a wire and carry treated money to bait the MPs who were demanding the money. I even suggested that EACC provides me with the three million shillings, then send their staff to track me as I handed over the money to members of PAC. They would then catch them in the act and arrest them, as proof that they were soliciting bribes.
I was shocked by the response I received. The senior official in EACC informed me that if they attempted to play along with my suggestion, they were afraid that PAC was powerful enough to initiate and actualise the disbandment of EACC in retaliation. He doubted his bosses would okay the plan out of fear of retribution from Parliament.
He added that they did not have that amount of treated money ready, and as it was a weekend, it would require more time to prepare for such a sting operation. No one was therefore willing to take a risk on the issue.
“Wewe na shida zenu, tafuta tu njia mmalizane nao,” the EACC official said, advising me to resolve our problems and settle the matter with PAC.
As a last resort, I decided to reach out to the media and explain what was going on. It was agreed that an article would be done the following day to expose what PAC was doing. In it, members of PAC were accused of extorting money from IEBC commissioners, though PAC later vehemently denied this.
Former Independent Electoral and Boundaries Commission Chairman Issack Hassan (centre), former Chief Executive Officer Ezra Chiloba (right) and former Vice-Chairman Lilian Mahiri-Zaja during a press briefing at the IEBC offices in Nairobi on March 24, 2016.
I learnt that Gumbo was out of the country at the time. He denied the allegations in the article after it was published when he was called for a comment. He said that the commission was free to bring evidence of the allegations if it had any, to prove what was being said was true. I had been reliably informed, prior to the publication of the article, about a discussion that had been going on among PAC members on how we could get the money they were soliciting.
They proposed that the commissioners and I could charge the amount from the commission budget since IEBC handled a lot of funds while preparing for the election.
Reality dawned
The extent of what we were dealing with dawned on me afresh. It seemed that everyone believed we were swimming in money, given the billions the commission quoted in tenders for electoral materials. There was no way, therefore, according to PAC, that we would lack money to pay them a ‘paltry’ three million shillings to clear our names since it was believed that we were likely ‘eating’ from these coffers.
One of the ODM MPs who was a member of PAC disclosed that, given the perceived access we had to all the funds, it was only fair that they too should have some of it. The many documents, data, and evidence we carried to each of the sessions to try and explain the procurement processes were a bother and non-essential. What the grilling committee really wanted was to cut to the chase, get their hands greased, and have life continue peacefully for everyone.
Many Kenyans were also convinced that the commissioners and I had been given a lot of money by President Kenyatta after he was declared the winner. The final report prepared by PAC reflected this perception. In part, the report read: ‘The commissioners and the chairman should be investigated further, and a lifestyle audit should be conducted for each of them’.
I had repeatedly stated that if anyone had any concerns about how the money was being spent at IEBC, a thorough audit of all accounts would be conducted to determine where every cent went. However, this did not seem to change what the majority of the people thought.
All my attempts at trying to show that the commissioners only had an oversight role, and never had access to the funds, reflected ‘badly’ on me. I was considered as being mean for not wanting to ‘share’ the money. Indeed, Parliament even went on to make amendments to the IEBC Act to this effect in 2016, to state the obvious, providing for the specific functions of the commission and the secretariat.
The amendment – Section 11A stated: ‘For the effective performance of the functions of the commission, the chairperson and members of the commission shall perform their functions in accordance with the Constitution and in particular, shall be responsible for the formulation of policy and strategy of the commission and oversight; and the secretariat shall perform the day-to-day administrative functions of the commission and implement the policies and strategies formulated by the commission.’
It is a truth that many Kenyans are probably not willing to hear or bear, but we as a society are so corrupt and skewed in our thinking and perception, that we naturally believe everyone else is. We hardly believe there are honest people, especially in public offices. Many are convinced that it is not possible for public officials to handle such large amounts of money without pinching some for personal use.
***
I stepped into the office of my predecessor on 11th May 2009, starry-eyed and naïve, eager to earn the trust of the public through honest work, while giving my job the best shot. Five years in, I was convinced that it was definitely not what I signed up for. I had been swiftly cured of my optimism. Public service, in my case, had mutated into a monstrous burden that I could no longer bear to carry with dignity.
Sought advice
I sought advice from some of my friends on how to resolve the matter. Many of them had a similar response – they advised me to resign and walk away. I did not think it wise to step down at that point. The commissioners and I dismissed calls for us to resign and demanded that those who wanted us out of office had to follow the law.
Although I bore the brunt of all the negative coverage and attacks on the commission, I decided to stay strong and insist on respect for the rule of law when removing the chair and commissioners from office.
I sought to protect the office of the chairperson so that in future, a demand would not be made for resignation without a legal basis. I believed that if I stepped down under the conditions, I would be succumbing to intimidation, which would give credence to the false claims made against us.
Former IEBC Chairman Ahmed Issack Hassan (left) with ex-IEBC CEO James Oswago on March 17, 2012.
In addition, I knew that I had been well-prepared for the public gallows by the flood of misinformation about me in the media. Dehumanising me had been normalised, so much so that I was not going to walk scot-free if I stepped down. I had to find a clear strategy of how I would leave the office, or else, I would be jumping from the frying pan into the fire – in every sense of the word.
Any comment I made in trying to explain the truth I knew was used to describe me as being defensive, abrasive, and arrogant. The longer I took to find a way out, the harder it became to exit.
A number of people in CORD made it clear that we had no choice: Baba had said the commissioners and I were going home. It was not a matter of whether or not we wanted to go, it was given, as a fact, that we would certainly go home – because Baba had said it.
A comment on social media illustrated just how fanatical his supporters were. ‘If Baba said your wife was pregnant, there was no need to go to hospital to confirm the pregnancy. You simply needed to start buying diapers and budgeting for the baby who was already on the way’.
Pun would be intended in such comments, but they also reflected the seriousness that Raila’s supporters gave his words.
Another comment on social media stated: ‘Baba has said you will go. So kaa tu hapo lakini jua utaenda’. The implication was that however long the commissioners and I took, insisting that we would not resign, we would ultimately pack up and leave because Baba had said so.
Many others were used to remind us, in case we had forgotten, that Baba’s word was law. I recall a time when we held a political parties liaison committee meeting in Naivasha, in 2015. The ODM Chief Whip, Jakoyo Midiwo, persistently threatened the commissioners whenever we were together in meetings, that they would deal with us, charge us, and ultimately sack us. He never missed an opportunity to voice these threats, and the forum in Naivasha was no exception. I got fed up with the intimidation and gave him a candid response:
Uhuru rallied to save me from political lynch mob
I often wondered whether I could have had it a bit easier, and not have suffered the full extent of the undeserved backlash from CORD if I had been more vocal in defending myself against some of their accusations. A specific comment that raised more trouble than anticipated was a statement made by my lawyer, Senior Counsel Ahmednasir Abdullahi, during the 2013 Supreme Court presidential election petition.
The phrase he had included in the grounds of defence, and that had escaped my attention, alluded that the petitioner, Raila Odinga, was a ‘perennial election loser who never accepted defeat’. The effect of this statement refused to go away. I had the most difficult time trying to dissociate and distance myself from it. I could hardly convince anyone in Raila’s camp that I was not the source of this ideology.
Raila encounter
An opportunity to explain myself to Raila came unexpectedly, and in the most interesting way in March 2015. I was on my way back to Kenya after attending a UN conference in New York on the status of women. The chairperson of the Electoral Commission of Cameroon and I had been invited to address one of the forums organised jointly by the AU and the Commonwealth. We were to speak on the topic ‘Women's Political Leadership in Delivering Democracy and Development’.
I interacted with many of the Kenyan women politicians who were in attendance, including Millie Odhiambo, Rachel Shebesh, Naisula Lesuuda and Elizabeth Ongoro. They were warm and cordial at the forum, even though we all knew I had become their punching bag back home.
Former Independent Electoral and Boundaries Commission Chairman Ahmed Issack Hassan during the launch of a book titled Bridging Ethnic Divides: A Commissioner's Experience on Cohesion and Integration authored by Alice Wairimu Nderitu launched on April 18, 2018, at the Serena Hotel.
"Hapa sisi wote ni waKenya. There will be no harassment. Lakini tukirudi, itakuwa kama kawaida tu." They were letting me know that we were all united as Kenyan citizens at the conference and that they would not cause any trouble for me. However, once we got back home, it would be business as usual.
On my way from New York, I came through Dubai and needed to take the final connecting flight to Nairobi. Coincidentally, Raila, who had been to Casablanca in Morocco, also happened to be on the same connecting flight, on his way back home. He asked the flight attendant if the empty seat next to him was occupied. After confirming it wasn’t, he invited me to join him. We chatted over numerous issues. Among them, as I was sure was going to come up, was the statement Ahmednasir made at the Supreme Court in 2013.
"Your lawyer Ahmednasir called me a perennial loser. How could he do that?"
He told me that his attention was drawn to this by Maina Kiai and George Kegoro. I apologised for the statement, as I had done immediately after it was made, affirming that it was way out of line. I clarified that I had not expressly made the statement myself and that it had escaped my attention in the affidavit. He seemed pacified and we went on chatting until we got to Nairobi. I even did some shopping for him from the inflight duty-free on the plane, as a peace token.
I bought a cologne for him and a fragrance for his wife, Ida. I had hoped that we would bury the hatchet and it would allay some of the bile against me from him and the CORD team. We discussed his proposal that electoral commissioners should be appointed by political parties. This method was used by the Inter-Parties Parliamentary Group (IPPG) in the late 90s, and he added that this should also be reflected in the polling stations.
About a week after we came back, I was in his office for an informal consultative meeting. I engaged regularly with various political party leaders on behalf of the commission during such meetings. In attendance were some members of CORD: Ababu Namwamba, Moses Wetangula, John Mbadi and James Orengo. The matter from the presidential petition in 2013 came up when Namwamba decided to protest against me.
Matter settled
"But the Chairman insulted you. He is biased and cannot be objective after calling you a perennial loser, and..."
Raila, however, cut him off.
"No, no, Chairman explained it to me; we have already talked about it," he said, and he did not allow the matter to be discussed any further.
It was a significant moment for me when Raila acknowledged before his team that the matter was now water under the bridge. In retrospect, I feel that I should have gone further, now that the details of the apology were known. I should have verbalised it more often to the media and the public that we had spoken with Raila.
I clarified that I was not the source of the unsavoury statement, and he accepted my apology. We had moved on. I could understand the bile Raila’s followers had against me since the statement was perceived as a personal attack on him. Not much can be done about it now, but at least the truth finally got to see the light of day on this matter.
***
I made up my mind, for the third time, to seek the audience of President Uhuru Kenyatta (on the tribulations at the electoral agency). I wanted to let him know that we were now truly ready to leave. Retaining the independence of the commission was paramount for me at all times, and in all my interactions, not just with the President, but with everyone in my line of work.
I was eager to uphold the law and follow due protocols, even when I felt that the limits of my patience were being tested. I was reaching out to the President as a last resort, after trying all avenues available to me, and without much success. Elections were not just technical and legal, they were also political.
Former Prime Minister Raila Odinga (right) and former IEBC chairman Issack Hassan in Kibera when the ODM leader arrived to register as a voter at Old Kibera registration centre on November 27, 2012.
I called the President on a Friday, the same week we appeared before JLAC, and requested to see him the following day. I insisted that it was urgent. By this time, and over the years that I had served under Uhuru Kenyatta’s presidency, he had struck me as a gentleman, an honest person, and a good leader who was aware of his heritage as the son of the founding father of Kenya, Mzee Jomo Kenyatta.
He was approachable, humble and easy-going. He had charisma and could effortlessly charm a room. He wanted to lead well and leave behind a good legacy. He had a firm handshake and would look you straight in the eye as he greeted you. I took a liking to him. I also noted that he did not enjoy the negative politics of muddling and insults that had become the staple diet of politicians in Kenya. He would have been happier if the country’s politics evolved into a stronger one like in the West.
The President confirmed that he had been following all the proceedings in Parliament, so he was keeping abreast of what was happening. However, he would let me know when he was ready to have the meeting with me. He would also communicate the venue for the same.
Uhuru meeting
The following day, the President called at around 1.00 pm.
"Chairman, tukutane kwa nyumba ya yule mtu ya maskio."
I thought the President was referring to Duale's ears in jest, and understood that he wanted us to meet at his house. Aden Duale was the leader of the majority in Parliament. I knew where Duale lived, so I drove out and parked my car on arrival at his place. As I waited for the next instruction, I reflected in amusement on what was about to unfold – meeting the President informally on a weekend, in the private residence of his close political associate.
The President was known to occasionally drive himself around with very light security. On two occasions, the media reported that fellow motorists on the road had recognised him and he had returned their excited greetings. It was also reported later that he would inspect some projects in the city in the evening when there was minimal traffic.
My phone rang a short while later and interrupted my thoughts. The President wanted to know where I was.
"Kwani uko wapi, Chairman?" "Nimefika kwa nyumba ya Duale," I said, confirming that I was at Duale’s home.
Hearty laughter crackled through the phone. I wondered what could have been so funny in my statement.
"By ‘mtu ya maskio’, I meant yule anaskiza sisi, yaani intelligence."
He clarified, amid laughter, that he was not referring to Duale, but to the Director-General of the National Intelligence, because his work involved ‘listening’, hence his use of maskio (ears).
In that split moment, after realising the error in my assumption, I exclaimed in shocked amusement at the cross-communication that had just taken place. I joined him in the laughter as I drove out and headed for the home of Major-General Philip Kameru, the Director-General of the National Intelligence Service (NIS). Kameru was appointed as the Director-General in September 2014. His predecessor, Michael Gichangi, had resigned in August of the same year. Kameru, among other senior government officials, attended National Security Advisory Committee (NSAC) meetings and would be present when the commission held briefing sessions with the President.
IEBC also involved the NIS whenever our staff were being vetted prior to being employed.
Interacting with Kameru at a professional level in the course of my work allowed me to know him better. He struck me as an analytical, unassuming person; one given to introversion, and very professional in his conduct. He was sympathetic to me when the CORD supporters started the Monday protests against me and the IEBC. He had tried to help when I went to see him over the demonstrations that were turning violent.
Former Independent Electoral and Boundaries Commission Chairman Issack Hassan (centre) launches the Election Operation Plan 2015-2017 at the Intercontinental Hotel in Nairobi on January 14, 2016.
He stated, during one of our discussions, that the state should have made efforts to keep Raila occupied and send him somewhere out of the country to reduce the opportunity of him leading such protests which had the potential to cripple the state. I normally met him either at his office or at his official residence.
I also interacted with George Waiguru, the Deputy Director of Intelligence (internal division), at the Norfolk Hotel later in 2016 at the height of the Firimbi Monday protests, where we discussed the situation and possible solutions. He was accompanied at the time by another official of the agency, Noordin Yusuf Haji, who was known to me. After our meeting, Noordin noticed that I had one bodyguard and the driver as I got into my car.
He called later to ask if that was all the security I had, and I responded in the affirmative. He voiced his concern over my safety and expressed his shock, given the escalating chaos with the street protests. He mentioned that they would carry out a threat assessment and then recommend that my security be beefed up, which eventually happened when I was assigned a police car and extra security.
On arrival at Major-General Kameru’s home, and after settling down, I explained to the President the strain on the commissioners and commission as a whole from the prolonged bashing going on in Parliament. We were aware that we were victims of CORD’s transferred aggression.
"We have a Somali proverb, Your Excellency, that ‘A man who wants your wife will not be placated by your daughter’," I said.
The proverb was used contextually among Somalis to describe the conflict that ensued when there was power play in leadership.
"So, what do you want me to do, Chairman?" the President asked.
"For starters, I know the joint committee is simply fishing for non-existent evidence, and I have been unable to reach Chepkonga. He needs to respond to my calls so this matter can be resolved."
The President took his phone and called Chepkonga. The conversation went on for a while. After the call, the President informed me that Chepkonga had assured him they would wrap everything up on Monday, the following week and that he would set up a meeting with me the next day. Duale had mentioned, before my meeting with the President, that Chepkonga was angry with me because I had not returned his calls earlier.
This was perplexing to me as I had no recollection of having refused to pick up or return his calls. On my way home, Chepkonga finally returned my call and lamented that I had gone too far in talking to the President on the matter. We agreed to meet the following morning for breakfast to discuss the way forward. By the following week, the Constitutional Implementation Oversight Committee (CIOC) and Justice and Legal Affairs Committee (JLAC) wrote a joint report. They found no evidence against the commissioners, and they cleared us, a move that CORD quickly dismissed.
The Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecution (ODPP) cleared my name on 19th July 2016, and in a statement said: ‘We have investigated the allegations against him and we find no evidence to prosecute him’.
Once again, this did not go as expected. I was supposed to be found guilty and the lack of evidence to prosecute me did not provide good mileage for news, so it hardly made any headlines, in comparison to all the malicious stories the case had made prior to this. I was, however, relieved by the verdict, as it was a timely vindication from the EACC and the Office of the DPP. BY DAILY NATION
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