RECONSTITUTION: High Court Hands Ruto Leeway For IEBC Panel Selection
The Kiambu High Court dismissed a case contesting the composition of the IEBC Commissioners Selection Panel.
The court decided that the petitioner, Bonface Njogu, had failed to prove that people with disabilities were excluded from the panel’s empanelment.
Justice Dola Chepkwony dismissed a petition contesting Azimio’s nomination procedure, stating that the coalition’s failure to conduct a competitive and open recruitment drive could not be proven.
The verdict now allows President William Ruto to appoint the IEBC Selection Panel.
High Court gives IEBC selection panel green light to present its list of commissioners to President William Ruto.
— Cyprian, Is Nyakundi (@C_NyaKundiH) January 24, 2025
The ruling stated there was no proof that persons with disabilities were excluded or that the process lacked gender and regional balance.
Claims from Azimio… pic.twitter.com/FSbxFnsbpY
The panel’s nominations include 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 appeal, Njogu noted that the list does not account for regional balance or people with disabilities.
“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,” argued the petitioner.
“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.”
“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 forming the IEBC Selection Panel has recently sparked outrage among members of the public and parties affiliated with the opposition Azimio alliance.
Wiper leader Kalonzo Musyoka and his DAP-K colleague Eugene Wamalwa stated in October last year that the postponement was an intentional attempt by the state to destroy democracy in the country.
The Orange Democratic Movement (ODM) party, for its part, said earlier this month that the delay had disrupted the country’s affairs.
Following a meeting of the party’s Central Committee chaired by Kisumu Governor Anyang’ Nyong’o, ODM explained how the delay affected by-elections in Ugunja and Magarini, as well as the clearing of a nominated Member of Parliament.
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The formation of an IEBC Selection Panel clears the way for the recruitment of seven commissioners, which would expedite any national elections.
The law mandates the commission to include members and a secretariat led by the secretary.
There are now 11 electoral areas in need of by-elections for the National Assembly, seven of which are waiting due to the deaths of local Members of County Assemblies (MCAs).
Others stemmed from President William Ruto appointing former Ugunja MP Opiyo Wandayi and former Nominated MP John Mbadi to his Cabinet.
RECONSTITUTION: High Court Hands Ruto Leeway For IEBC Panel Selection
