One of the commissioners told the Star in confidence yesterday that although four of their colleagues had resigned, they will only leave office through a negotiated package.
“We have done nothing wrong and we are determined to go on with work, but if anyone wants us out, then we will ask to be paid for the remaining part of our terms.
On Monday, vice-chair Consolata Maina led fellow commissioners Margaret Wanjala and Paul Kurgat to throw in the towel as divisions at the electoral body boiled over.
The other half, comprising Chairman Chebukati and commissioners Abdi Guliye and Boya Molu, were left holding on.
The commissioners have served for 14 months since their appointment in January 2017, eight months to the last elections. They have 58 months — four years and eight months — left of their fixed six-year term to go.
If the government bows to their demands, it will cost the taxpayer over Sh220 million to send the three home.
The chairman earns Sh1.4 million per month in salary and other allowances. He will take home Sh81.2 million, exclusive of gratuity and other benefits.
With a monthly salary of Sh1.2 million, commissioners Molu and Guliye will each pocket Sh69.6 million besides other terminal emoluments.
The three who quit on Monday — as well as Roseyln Akombe in October — would not be compensated since their resignation was “with immediate effect”. They would only be entitled to their gratuity.
But it will be a tall order for Chebukati to emulate his predecessor Issack Hassan’s team, which negotiated its way out under siege from the Opposition in 2016, with a walk home package of Sh1.8 billion in compensation.
Unlike the Hassan team which, though divided internally stood together till the end, the Chebukati one gave itself away when its feuds broke into open. The exit of the three on Monday, which inside sources say had the nod of political forces, have spelt doom for the Chebukati 3.
Yesterday, National Assembly Majority leader Aden Duale wrote to the legal affairs committee to commence the process of removing Chebukati and his team.
“Parliament will take a lead in resolving this crisis and we will look for the best way out, including a negotiated exit for the remaining three,” Duale said.
The three suffered a blow yesterday after police officers attached to them were withdrawn.
Communications manager Andrew Limo said in a statement late Tuesday evening that the commission had written to Inspector General of Police Joseph Boinnet but had received no explanation.
“The withdrawal of security is likely to expose the chairman and the commissioners to security risks. The action undermines their effectiveness in executing the work of the commission,” the commission said.
“The provision of security to the chairman and members of the commission during their tenure is within their contract of service and that is within their contract of service and that this obligation ceases only when the contract expires,” said Limo
Confidential sources said Chebukati and his colleagues have decided to stay on and were planning to write to President Uhuru Kenyatta to request him to start the process of replacing their colleagues.
“They are saying that quitting will amount to irresponsibility. In fact, they say what has happened is a blessing in disguise because the country will now have a chance to appoint new commissioners whose terms will end at a different time, thereby ensuring there is continuity at the commission all the time,” said a senior official at IEBC.
Makueni Senator Mutula Kilonzo Junior said the crisis at IEBC needed urgent resolution because the country has been thrust into a Catch 22 situation.
“IEBC is in a mess. The court rejected amendments to reduce quorum from five to three. The CEO is on forced leave and the selection panel in the Act was to cater for the current Commissioners only. If Chebukati and company resign, we will be in crisis and if they don’t, we are in crisis,” said Mutula.