The IEBC selection panel maintained its tough interviewing style on Wednesday, holding firm in its stance during the final day of interviews for the next chairperson, with seasoned lawyer Robert Akumu Asembo being put on the spot over his past controversies.
Asembo, who was among the last candidates to be interviewed for the IEBC chair job, two years before the general election, faced a barrage of questions on Wednesday, March 26, with the selection panel placing special focus on his legal troubles.
At one point, the Starehe Boys' Centre alumnus was asked whether his pending court cases posed a conflict of interest for a role such as the IEBC chair, which is fundamentally built on integrity.
The selection panel, led by Nelson Makanda, cited the potential violation of Article 6 of the Kenyan Constitution on leadership and integrity as they asked Asembo what would happen if he were IEBC chair and a pending case came back to haunt him.
But Asembo defended himself, insisting that some of the cases he had battled in the past had been settled amicably, promising to provide evidence to that effect.
The panel remained unconvinced and proceeded to warn the candidate about the potential repercussions if he were to be appointed and a case against him succeeded.
"If we were to make you chair of the commission and one of the cases succeeds, you know the country will have to seek another chair," one panellist questioned.
In his response, Asembo subtly accused the panel of unfairly condemning him, arguing that legal matters should not be used as a prerequisite for determining whether he was a qualified candidate.
"Given the rule of law, you should not condemn anyone the way you are condemning me," Asembo said.
"The decision of the commission (to overlook me) would not be fair because those issues can be solved. If I lose the position and I succeed in those issues, is my loss redeemable? You have to be fair to both my accusers and me. I believe you are a fair panel."
Asembo is not the only candidate facing scrutiny over past issues. Deputy Chief Registrar Kakai Kissinger on Tuesday was also forced to fend off controversies about herself from more than a decade ago during her grilling on Tuesday, March 25.
During his interview, the panel pressed him to explain why his name appeared in reports by the Ethics and Anti-Corruption Commission (EACC) and why he was among those recommended for prosecution over corruption allegations.
In his defence, Kissinger maintained that he left the Judiciary as a victim and decided to forgive his adversaries - an answer which did not appease the panel, which proceeded to question why his name was entangled in cases related to judicial reforms.