Kenyans demand appointment of IEBC commissioners

The push by Kenyans quickly pushed the hashtag to the top of trending topics on the x platform for the entire day. 

Kenyans may have to wait until January next year to have the process of reconstituting the IEBC begin, with two matters at the Court of Appeal and the High Court blocking the nomination of the 9 members of the selection panel by President William Ruto. 

A petition by Boniface Njogu filed at the Kiambu High Court in October, challenging the appointment of the nominees to the IEBC selection panel, for lack of representation of persons living with disability, is the first spanner in the works. 

The petitioner has sighted Article 10 and Article 54(2) of the constitution as the basis for his case.

Article 54(2) states that “the state shall ensure the progressive implementation of the principle that at least 5% of the members of the public in elective and appointive bodies are persons with disability. he argues the composition of the panel does not have a representation of a person with a disability.

The matter is set to come up for judgment on January 25, 2024. after the petitioner sought orders to stop the Attorney General and the clerk of the Senate Jeremiah Nyegenye who is the Secretary to the Parliamentary Service Commission from forwarding the names of the IEBC selection panel to President Ruto for appointment. 

Kiambu High Court judge Dora Chepkwony had given conservatory orders stopping the appointment of the panel until the matter is heard and determined. 

Similarly, while all the groups have given names of their representatives to the 9-member panel, the battle in and out of court between Ambassador Koki Muli and Augustus Kyallo Muli from the Azimio side, on whom the two should represent the minority party continues.  

Kyallo, who felt shortchanged by the Azimio la Umoja One Kenya coalition for forwarding the name of Koki Muli to parliament for the political parties liaison committee nominee slot, has asked the Court of Appeal to have his name instead presented. Koki Muli has stood her ground. 

Azimio maintains Muli is the right candidate after meeting the requisite requirements and since the other nominees in the political parties liaison committee are of the male gender.

"Why is the IEBC not being constituted? because Azimio can't appoint their representative to the panel. Is that something to hold a country hostage for two years? Justice Lenaola posed. 

All the parties involved in the formation of the IEBC selection panel have understandably finalized their lists, and have forwarded them to parliament for consideration and compilation and onwards transmission to the head of state, whose hands seem tied.

IEBC selection panel 

The political parties liaison committee which was to forward three names to the panel has nominated Nicodemus Bore to represent the Kenya Kwanza Coalition as the majority party, while Azimio deals with the dispute between ambassador Koki Muli and Augustus Kyallo Muli.

Evans Misati is standing in for the non-parliamentary parties.

The inter-religious council decided to stick with its previous nominees in the names of Dr. Nelson Makanda and Fatuma Saman after the first panel was disbanded following nationwide demos. 

The institute of certified public accountants nominated Andrew Kipkoech to represent accountants. the Law Society of Kenya which was also given one slot gave the name of Carolene Kituku.

The Parliamentary Service Commission settled on Lynda Koome for the UDA party and prof.  Adams Oloo representing the ODM party.

The process of recruiting IEBC commissioners will start after the IEBC selection panel is in place. the commission has been without commissioners since March 2023, when Irene Masit who was the last commissioner was forced out.

The rest of the commissioners' terms had ended with others forced to resign.