Attorney General files objection in case challenging nomination of IEBC commissioners

Attorney General Dorcas Oduor has filed a preliminary objection in the case challenging the nomination of Independent Electoral and Boundaries Commission (IEBC) commissioners by President William Ruto.

According to the AG, the petition is non-justiciable as it has been filed in violation of the principle of ripeness.

She argues that the petitioner failed to exhaust constitutionally provided remedies at the first instance before seeking the court’s intervention, thereby breaching the doctrine of exhaustion.

“The exercise of jurisdiction by this Honourable Court at this stage of the appointment process of commissioners to an independent constitutional commission would contravene the doctrine of separation of powers, and amount to a usurpation of the legislature's primary role in the approval process,” the court papers state.

The Attorney General is now urging the court to dismiss the petition, arguing that the claim is premature and legally untenable.

The petition is challenging President Ruto's recent nominations of IEBC chairperson and commissioners.

Earlier this month, President Ruto nominated Erastus Edung Ethekon as the next IEBC chairperson. He also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.

The petitioners, Kelvin Roy Omondi and Boniface Mwangi, argue that the process is illegal and unconstitutional.

They claim there is an imminent risk that the National Assembly may proceed to vet and approve the nominees, despite the flawed nature of the nomination process.