The linkage between complaints made by CORD and the waning confidence, Mkangi explained, could be linked to low voter registration.
During the March voter registration, IEBC fell short of its targeted number which Mkangi largely associated to allegations peddled against it.
– Way Forward –
CORD has held three demonstrations in efforts to evict IEBC commissioners from their office.
But physical removal of the commissioners from the office, Mkangi explained, cannot resolve the standoff but dialogue.
“The challenge we have is to use the same Constitution to get out of this quagmire. The means are out there including dialogue – it is part of the Constitution spirit. We should discuss the way forward that will ensure we can have free, fair and peaceful elections prior to and after.”
The dialogue, he said, should create an environment where electoral and political reforms can be discussed.
“We have the winner take it all – yet we have a highly polarised society. These do not gel well,” Mkangi explained.
Proposals to change the election date – seem to have flopped and currently there is a new call to vacate the August date.
READ: Bid to alter elections date flops again
This means that “what we can work with is that we will have election in August 2017.”
But that too, Mkangi explained, presents a problem of handover in an election year.
“The dilemma of current IEBC commissioners leaving office about three months after the election – disputes do arise – how will the commissioners be ready to deal with those and deal with the handing over,” he queries.
Away from the legitimacy and credibility concerns, Mkangi concurred with the Ombudsman that IEBC should in their moral judgment give room for recruitment of new commissioners in preparation for the next elections.
Article 251 of the Constitution specifies circumstances under which commissioners can be removed from office including resigning on their own volition.
Petitioning Parliament, an avenue already employed by Wafula Buke who was however unsuccessful is also a constitutional means of removing commissioners from office.
According to Mkangi, such a petition is laborious and requires strong evidentiary cogency.
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