Speaker directs Parliament to proceed with IEBC vetting after court order

National Assembly Speaker Moses Wetang'ula. [File,Standard]

National Assembly Speaker Moses Wetang'ula has directed the Justice and Legal Affairs Committee (JLAC) to proceed with the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC), brushing off a High Court order that temporarily halted their formal appointment.

Wetang'ula said on Thursday that no law or section of the Constitution gives any party the authority to block Parliament from executing its constitutional duties.

"Parliament is a constitutional body enjoined with the authority to discharge constitutional functions. Once a matter is before Parliament, whether in committee or plenary, proceedings in committees mirror those in the House," said Wetang'ula.

The Speaker said the committee must move with speed and vet the nominees for IEBC chairperson and commissioners, adding that any aggrieved party could later challenge Parliament's decision in court.

"So I direct the committee on JLAC to proceed without haste and vet the nominees for chairperson and members of IEBC and bring the report to this House," noted Wetang'ula.

His comments follow a ruling by Justice Lawrence Mugambi, who allowed Parliament to vet the nominees but barred the Executive from gazetting or swearing them in until a legal challenge is resolved.

Justice Mugambi said the petition filed by activists Boniface Mwangi and Kelvin Roy Omondi raises weighty constitutional questions, especially concerning public participation, inclusivity and the sovereignty of the people.

He referred the case to Chief Justice Martha Koome to appoint a bench that will hear and determine the issues.

The petitioners argue that President William Ruto acted unlawfully when he nominated Erastus Edung Ethekon as IEBC chairperson and six others as commissioners on May 8.

The six commissioner nominees include Registrar of Political Parties Ann Nderitu (Nyandarua), Moses Alutalala Mukhwana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu) and Fahima Araphat Abdallah (Lamu).

The High Court also noted that halting the vetting process entirely would undermine public participation and disrupt a constitutionally time-bound exercise.

"We discourage and we frown at any overreach by any arm of government on the other, especially on matters that are legally clear, constitutionally clear and morally untenable," said Wetang'ula.

He also revealed that he had requested a meeting with Chief Justice Koome and select members of Parliament to prevent continued institutional clashes between the Judiciary and the Legislature.