Former chairperson of the Commission for the Implementation of the Constitution (CIC), faced intense questioning on Monday, March 24, as he vied for the position of chairperson of the Independent Electoral and Boundaries Commission (IEBC).
Appearing before the IEBC selection panel, chaired by Dr. Nelson Makanda, Nyachae tackled allegations of being a “State project” aligned with President William Ruto’s interests, financial impropriety, and personal misconduct—including claims of being a “deadbeat dad”—while revealing the chilling warnings from friends about the life-threatening risks of the role.
The interview, part of a critical process to replace the late Wafula Chebukati ahead of the 2027 elections, saw Nyachae, one of 11 shortlisted candidates from an initial pool of 37, confront a memorandum from a private citizen and Bunge La Mwananchi challenging his suitability.
With Kenya’s electoral credibility hanging in the balance, Nyachae’s performance underscored both his resilience and the high stakes of the position.
A State Candidate?
Nyachae fiercely rejected claims of being a political puppet, dismissing the “State candidate” label as an affront to the panel’s independence.
“I consider the entire memorandum as being motivated by ill will for reasons that I don’t know and not being supported by the truth,” he asserted.
“Me as a State candidate for this job? No. I made this decision to run on my own. The idea of a State candidate is foreign to me.”
Yet, his political history fuels skepticism. The 67-year-old son of the late Simeon Nyachae, a Kenyan political titan, ran unsuccessfully for Kisii County governor in 2017 under Uhuru Kenyatta’s Jubilee Party before switching to Ruto’s United Democratic Alliance (UDA) in 2022, managing the President’s Kisii campaign.
Critics question whether his ties to Ruto compromise his impartiality—a cornerstone for an IEBC chair tasked with ensuring a fair 2027 poll.
Personal and Financial Allegations
Nyachae’s personal life came under fire as the panel probed allegations of extra-marital affairs and failure to provide child support, branding him a “deadbeat dad.”
He dismissed these as baseless smears.
Financial accusations tied to Proctor and Allan’s alleged Sh3.5 billion scandal also surfaced, which he countered by clarifying, “I own shares in a company associated with it, but I have nothing to do with its management.”
His CIC tenure (2011–2016) drew further scrutiny, with critics alleging he failed to enforce the 2010 Constitution’s anti-corruption and devolution mandates.
Nyachae called these claims “scandalous” and “insulting,” insisting, “The work CIC did is self-evident.” He also denied involvement in a Sh9.2 million fraudulent newspaper payment in 2015, noting he wasn’t the accounting officer.
EACJ Resignation and Death Threats
Nyachae’s 2023 resignation from the East African Court of Justice (EACJ) prompted Makanda to ask, “You resigned from a judicial position that does not have similar pressure as this.
Are we going to have our chair resign before the end of the day?” Nyachae explained that financial constraints canceled EACJ sessions, leaving him earning $2,000 (Sh280,000) monthly “for doing nothing.” He framed his exit as a principled stand, vowing not to abandon the IEBC role if appointed.
More strikingly, Nyachae revealed the trepidation surrounding the IEBC job. “A very close friend and professional colleague told me, ‘My brother, are you sure you want to do that?’” he recounted.
“He said, ‘You know you should be ready to either lose your life or your integrity.’” Nyachae responded defiantly, “I do not intend to lose my life while serving the people of Kenya as the chair of the IEBC, and I have no intention of compromising on integrity.”
The exchange highlighted the position’s perilous reputation, amplifying concerns about his resilience.
Despite the grilling, Nyachae pitched his vision to restore IEBC trust, blaming past failures on “political power play and vested interests.”
He promised adherence to the law and a legacy of verifiable elections where “ordinary Kenyans remain persuaded” of the process’s integrity.
“As long as the commission leaves question marks on Kenyans, it will have fallen short of expectations,” he said.
Touted his legal background, governance expertise, and PhD studies in leadership, Nyachae argued his experience—including working with panelist Dr. Koki Muli at CIC—equips him to unite the commission. “My passion for the Constitution of Kenya 2010 grew even higher and continues to date,” he stated, citing listening as a key strength to address electoral concerns like the two-thirds gender rule.
As Kenya braces for a pivotal 2027 election amid Ruto’s rocky tenure—marked by youth protests and economic strain—the IEBC selection process is under intense scrutiny.
With 11 candidates streamlined for chairperson and thousands for commissioner roles, the panel must finalize its picks by April 25.
Nyachae’s political ties, family disputes over his father’s Sh2 billion estate, and the shadow of his EACJ exit fuel doubts about his suitability.
Interviews continue today with candidates like Erastus Edung Ethekon and Joy Brenda Masinde-Mdivo, followed by Lilian Wanjiku Manegene tomorrow. Nyachae remains a polarizing figure: supporters praise his expertise, while detractors warn his past could drag the IEBC into another crisis.
For a nation scarred by electoral mistrust, his chilling account of death threats only heightens the stakes.
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