High Court declares IEBC Amendment Act 2023 unconstitutional

The High Court has declared the Independent Electoral and Boundaries Commission (IEBC) Amendment Act of 2023 unconstitutional.

Justice Lawrence Mugambi ruled that the law, which created the IEBC selection panel, was passed without considering public and stakeholder input, rendering it null and void.

He invalidated the IEBC Act 2023, citing the failure to consider public views, a key argument presented by Senator Okiya Omtatah in his petition.

Omtatah praised the court’s ruling, stating that it provides clarity on IEBC’s constitution and the chaos surrounding its selection panel.

"There has been confusion around IEBC because two laws were governing the same issue. Some individuals nominated under the old law were even receiving allowances while waiting to take their seats," said Omtatah.

Although the 2024 Act has since replaced it, Senator Omtatah argues that the ruling clears the air on the IEBC constitution debate and exposes Parliamentary overreach as the Senate passed the law without proper consultations.

In July, President William Ruto signed the Finance Amendment Bill 2024, which revised the 2023 Act based on recommendations from the NADCO report. However, the Act failed to include public input, raising concerns about its practicality.

Justice Mugambi highlighted in his judgment that the 2023 Bill had been withdrawn on the Senate floor without the consent of members, undermining due process.

"Once a report is tabled, it becomes the Senate’s property. It must either be approved or rejected, not withdrawn unilaterally," Omtatah said.

Omtatah alleged that the IEBC constitution debate has been intentionally derailed.

"If individuals fight tooth and nail to join the panel, there’s motivation—money. Why should we think commissioners won’t be selected based on financial incentives?" The Senator noted.

With this ruling, the operations of the IEBC’s initial selection panel remain in limbo.