Court okays IEBC selection panel

IEBC Logo A white smoke from Independent Electoral and Boundaries Commission can now billow after the High Court cleared the way for Parliament to send the names of nine selection panel to President William Ruto for appointment. By dismissing a case filed by Boniface Njogu yesterday, Justice Dola Chepkwony's orders issued on October 28,2024freezing submission of the names lapsed, meaning that the names can be gazetted, after which the work of recruiting new IEBC commissioners can start after Ruto's signature. "Having established that the petitioner has not proven any constitutional and statutory violations, the prayers to quash the list are not merited. This petition is therefore dismissed," ruled Justice Chepkwony. The selection panel consists of Dr. Nelson Makanda, Fatuma Saman, Evans Masati, Nicodemus Kipchirchir,Andrew Tanui Kipkoech, Caroline Kituku, and Linda Koome. Nevertheless, the fate of Dr. Koki Muli hangs in the balance as there is a battle over his appointment at the Court of Appeal. High Court in Nairobi Judge Janet Mulwa, had given Azimio la Umoja One Kenya Coalition Party until October 24,2024 to select a new nominee after she invalidated at the previous nominee, Dr. Augustus Kyalo Muli. The case is now before the Court of Appeal although it has no orders to halt the process. After Koki was appointed, four days later, Justice Chepkwony directed the clerk of the Senate not to forward the list to the president or gazette it. In his case, Njogu claimed that Azimio had defied Justice Mulwa's orders by failing to do a fresh voting. Despite Azimio being a key party to the case, Njogu only sued Senate and Attorney General. He said that the list was not balanced as majority are from the Kamba and Kalenjin regions. "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 or community;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," Njogu's lawyer Shiele Kalue argued. According to him, Azimio conducted a sham exercise, which was vague and lacked competitiveness. He further said the team had failed to meet at least five percent representation from persons living with disabilities. "It is also apparent that persons living with disabilities are not represented in the list Selection of IEBC Commissioners is a very critical process noting our electoral history and the process of selection plays a very critical role;The process of selecting IEBC Commissioners is so critical that it had stalled for more than a year noting the sensitivity of the subject and our electoral history," he argued. The man asked the court to quash both the list of the nominees and any resultant action that had been taken. In opposition, the Attorney General Dorcas Oduor urged the court to dismiss the case. She argued that since there are nine nominees, it is practically impossible to have all ethnic groups represented. At the same time, the government legal advisor also said that the process was inclusive as it was conducted by the Public Service Commission (PSC). Yesterday, Justice Chepkwony said that it was critical to place the allegations side by side with the law to determine whether they were justified or not. The judge was of the view that the law does not require all ethnic groups to be represented in the IEBC. She also said that there was a requirement that the appointing authority ought to progressively seek and recruit persons with disabilities. Nevertheless, the Judge found that Njogu had not also proved that there were persons living with disabilities that applied or were locked out. "It is imperative that the court considers what each separate provisions and its applicability. It is now settled that representation is not an absolute one but there should be efforts to show progressiveness," she said. According to her, there was no evidence to show that the recruitment did not adhere to Gender balance, regional balance and ethics. "This court cannot conclude that there was a violation of Article 54 of the Consitution.The petitioner has advanced insufficient evidence to warrant the recuitment process be deemed to have violated the Consitution," said Justice Chepkwony. The judge observed there was no evidence from the Azimio team to show that they conducted the exercise. She however said that Njogu did not join the minority party in the case. Acxording to the Judge, she could not condemn them unheard.

Court okays IEBC selection panel

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