Legal challenge delays IEBC selection panel appointment

Legal challenge delays IEBC selection panel appointment

The appointment of the Independent Electoral and Boundaries Commission (IEBC) selection panel will experience further delays following the filing of a new case challenging the ruling of the Political Parties Disputes Tribunal. 

This ruling had declared Augustus Kyalo Muli as the legitimate representative of small parties on the IEBC selection panel.

Ambassador Koki Muli has filed the case, which is scheduled for mention on Thursday, September 26, before Lady Justice Janet Mulwa. 

Meanwhile, Augustus Kyalo Muli has announced that his party, the National Liberal Party, will lead 15 small parties in withdrawing from the Azimio la Umoja coalition.

It has been over two months since President William Ruto assented to the IEBC Bill, which set the stage for the reconstitution of the electoral body through the appointment of commissioners and a chairperson in preparation for the 2027 general election. 

However, the nomination process for the IEBC selection panel, responsible for recruiting the commissioners, has been thrown into disarray.

Ambassador Koki Muli and the Azimio la Umoja coalition have appealed against the tribunal's ruling that named Augustus Kyalo Muli as the nominee. 

The appellants argue that the tribunal failed to provide Ambassador Koki Muli the opportunity to be heard, lacked jurisdiction under the Political Parties Act to consider the complaint, selected an inappropriate representative for Azimio la Umoja, and did not uphold the two-thirds gender rule.

 They contend that the tribunal overstepped its authority by infringing on Azimio's right to choose its nominee for the IEBC selection panel.

In response, Augustus Kyalo Muli has labeled the new suit as an act of impunity and an attempt to undermine the electoral body. 

"What we are seeing here is impunity. The court has already pronounced itself. Do we want a divided IEBC? Azimio has a significant role in this. I stand for justice. It is time for the president to clarify his position. We are considering withdrawing from Azimio and will elect our own leader, as we represent the majority," he stated.

This controversy surrounding the IEBC selection panel nomination comes just a week after National Assembly Speaker Moses Wetangula urged for the swift reconstitution of the electoral body, calling on those obstructing the process to reconsider their stance.

The case will be mentioned on Thursday, September 26, before Lady Justice Janet Mulwa.

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