Reprieve for IEBC as court dismisses suit

By Pamela Chepkemei

Nairobi,Kenya; Court failed to nullify list of County Assembly nominees published on the commission’s website

A court has dismissed a case challenging the list of County Assembly nominees and directed the electoral commission to publish the names of the nominees in the newspapers within five days.

The High Court in Nairobi declined to nullify the names of the  County Assembly nominees as sought by the National Gender and Equality Commission.

The National Gender and Equality Commission accused the Independent Electoral and Boundaries Commission ( IEBC ) of failing to ensure that lists of party nominees contained the appropriate number of qualified candidates.

 The Commission argued that IEBC did not discharge its duty in ensuring that gender parity was achieved by alternating male and female candidates for County Assembly seats, as well as ensuring party lists reflected regional and ethnic balance

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But the three judges who heard the case said that annulling entire party lists may not be feasible at this stage.

“We also take into account the fact that the party lists must be submitted on a certain date and thereafter cannot be amended,” the court said.

They instead directed IEBC to immediately put in place mechanisms to resolve any disputes concerning the lists of the nominees submitted by the respective political parties.

“The IEBC shall finalise settlement of all disputes submitted to it in respect of the party lists within seven days from the date of publication of the party lists in the local newspapers,” the judges said.

The Commission was directed to publish the party lists in at least two newspapers of national circulation.

The court said the Commission will have to gazette the final list of nominees seven days after the determination of the disputes.

Judges Isaac Lenaola, David Majanja and Mumbi Ngugi directed IEBC to develop a program, policies and measures in conjunction with constitutional and statutory commissions and political parties, geared towards increasing the participation of women, youth, and persons with disabilities, marginalised groups and other vulnerable persons.

The judges found that IEBC failed to meet its obligation to publish the lists submitted in the national local newspapers but published them on their website which is not accessible to all Kenyans.