The High Court on Friday, January 24, cleared the Independent Electoral and Boundaries Commission (IEBC) commissioners’ selection panel list for submission to President William Ruto for appointment.
In what is set to be a significant breakthrough towards the reconstitution of IEBC commissioners, Justice Dola Chepkwony dismissed claims that the list lacked inclusivity, particularly regarding the addition of Persons Living with Disability (PWDs).
While delivering her ruling, the judge cited that there was insufficient evidence to prove that PWDs were excluded or that the panel failed to meet gender and regional balance requirements.
Further, the judge also rejected a petition challenging Azimio la Umoja’s nomination process, noting that the claim that the coalition failed to conduct a competitive and open recruitment exercise could not be substantiated as Azimio was not formally enjoined in the case.
Opposition leader Raila Odinga flanked President William Ruto as he assented to the IEBC Bill at the KICC on July 9.
Moses Wetang’ula
The ruling paves the way for the appointment of the panel, which will oversee the selection of new IEBC commissioners following the departure of the previous team.
The IEBC selection panel will be composed of nine nominees from five bodies as per the IEBC Bill 2024. The five bodies are the Political Parties Liaison Committee, the Inter-religious Council, the Institute of Certified Public Accountants of Kenya, the Law Society of Kenya and the Parliamentary Service Commission.
So far, the panel is made up of Evans Misati, Nicodemus Bore, Augustus Muli, Dr. Nelson Makanda, Fatuma Saman and Tanui Andrew Kipkoech. However, the nomination of Augustus Muli from the Minority party was heavily contested by Azimio which resulted in court orders delaying his nomination. LSK and the PSC did not submit nominees.
A petition filed in 2024 by Boniface Njogu, had raised concerns about the adherence to constitutional requirements in respect to the inclusion of PWDs in elective and appointive bodies.
Consequently, an injunction was issued by the High Court in Kiambu in October 2024 preventing the Clerk of the Senate, Jeremiah Nyegenye, from forwarding the names of the nominees of the IEBC selection panel to Ruto for appointment.
The injunction barred the publication or gazettement of the names until the resolution of the case.
The IEBC commissioners’ selection panel discourse has witnessed a great back and forth ever since the culmination of the 2022 General Elections. Various bodies such as the LSK, politicians and senior members of the Judiciary raised their concerns with the delayed reconstitution of the IEBC.
This is even though Kenya is just two years away from the 2027 General Elections. Processes such as boundary delimitation by IEBC were required to have commenced by March 2024.
Once appointed by Ruto, the selection panel shall finalize the recruitment exercise within ninety days of its appointment and forward the names of the nominees to the President and shall thereafter stand dissolved.
However, Parliament may, by resolution passed in both the National Assembly and the Senate, extend the tenure of the selection panel for a specified period.
Former IEBC Chair Wafula Chebukati during the launch of the 2022 Post-Election Evaluation Report on Monday, January 16, 2023.
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IEBC