High Court finally clears way for President Ruto to appoint IEBC Selection Panel

The Kiambu High Court has dismissed a petition challenging the constitution of the IEBC Commissioners Selection Panel on grounds that the petitioner, Bonface Njogu, had failed to prove that persons living with disabilities had been excluded in the panel’s empanelment

In her ruling, Justice Dola Chepkwony also dismissed a petition challenging Azimio’s nomination process, saying the claim that the coalition failed to conduct a competitive and open recruitment exercise could not be substantiated.

The ruling now gives President William Ruto the green light to appoint the IEBC Selection panel, with the following nominees; Dr. Nelson Makanda, Fatuma Saman, Amb. Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Caroline Kituku, Prof. Adams Oloo, and Linda Koome.

In his petition, Njogu had argued that the list neither takes into account regional balance nor takes into account persons living with disability.

“In a country of more than 42 Communities it is absurd that four nominees from the list (Caroline Kituku, Amb. Dr Koki Muli, Andrew Tanui Kipkoech and Nicodemus Bore Kipchichir) would come from the same region/community. The list does not adhere to regional/ethnic balance on such a critical national process and it flies on the face of Article 10 of the Constitution,” argued the petitioner.

“Despite a statutory requirement under section 2B of the First Schedule to the IEBC (Amendment) Act 2024 that the process be transparent  and competitive  some clusters specifically the minority coalition party/Azimio One Kenya Party simply appointed their nominee instead of an election.”

The delay in constituting the IEBC Selection Panel has in recent times caused uproar from members of the public as well as parties allied to the opposition Azimio coalition.

Wiper leader Kalonzo Musyoka and his DAP-K counterpart Eugene Wamalwa in October last year claimed that the delay was a deliberate tactic by the State to stifle democracy in the country.

The Orange Democratic Movement (ODM) party, on its part, early this month said the delay had disrupted the country’s state ofaffairs.

Following a meeting by the party's Central Committee, chaired by Kisumu Governor Anyang' Nyong'o, ODM explained how the delay affected the by-elections in Ugunja, Magarini and the clearance of a nominated Member of Parliament. 

The appointment of an IEBC Selection Panel paves the way for the recruitment of seven commissioners that would facilitate any elections held countrywide.

The law requires the commission to consist of members and a secretariat headed by the secretary.

Currently, there are 11 electoral areas in need of by-elections for the National Assembly; with seven pending by-elections arising from the deaths of areas Members of County Assemblies (MCAs) while others resulted from President William Ruto elevating former Ugunja MP Opiyo Wandayi and former Nominated MP John Mbadi to his Cabinet.

The Constitution dictates that whenever a vacancy occurs in an electoral area, a by-election ought to be held within 90 days. This, however, cannot take place pending the lack of an electoral body to facilitate the exercise.