Court Clears IEBC Selection Panel For Submission To Ruto

The nomination process for the Selection panel was thrown into disarray following a petition filed at the Supreme Court of Kenya, along with pending cases at the High Court and Court of Appeal.

The appointment of the Independent Electoral and Boundaries Commission (IEBC) Selection panel has taken a fresh twist following a court ruling in a case that had led to the freezing of the submission of the panel members’ names.

In a ruling on January 24, 2025, the High Court in Kiambu cleared the way for the IEBC Selection panel list to be forwarded to President William Ruto for appointment.

Petitioner Boniface Njogu had argued that the panel lacked adequate representation of Persons Living with Disabilities (PWDs) when he challenged its constitution in a petition last year.

Following the petition, a ruling by Judge Dola Chepkwony in October 2024 temporarily halted the process of forwarding the names of the panel members to the President until the matter was heard and determined.

However, Justice Chepkwony on Friday ruled that there is no evidence to show that PWDs were excluded or that the panel failed to meet gender and regional balance requirements.

“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 the Justice.

Court Clears Iebc Selection Panel For Submission To Ruto — A judge gavel. PHOTO/Canva

The judge also rejected a petition challenging Azimio la Umoja-One Kenya Coalition’s nomination process, noting that the claim that the coalition failed to conduct a competitive and open recruitment exercise could not be substantiated.

According to Justice Chepkowny, Azimio was not formally enjoined in the case as a party.

Court Clears IEBC Selection Panel for Submission to Ruto

Nandi Senator Samson Cherargei while reacting to the ruling noted that it clears the way for numerous pending by-elections to be held and for preparations ahead of the 2027 General Elections.

“We expect men and women of impeccable track record and integrity to be IEBC commissioners to return trust of Kenyans to our elections processes,” said Cherargei.

Also Read: Ruto Nominates Ex-IEBC Commissioner and 7 Others for State Jobs

The new ruling now paves the way for the appointment of the Selection panel, which will oversee the selection of new IEBC commissioners.

Members of the panel include Dr. Nelson Makanda, Fatuma Saman, Evans Masati, Nicodemus Kipchirchir,Andrew Tanui Kipkoech, Caroline Kituku, and Linda Koome.

The fate of Dr. Koki Muli however hangs in the balance as there is a battle over his appointment at the Court of Appeal.

According to the Constitution, the process of recruiting IEBC commissioners must start after the 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.

Also, this new development comes nearly five months since President Ruto assented to the IEBC Bill, which set the stage for the reconstitution of the electoral body through the appointment of commissioners and a chairperson in preparation for the 2027 general election.

The nomination process for the IEBC Selection panel was thrown into disarray following a petition filed at the Supreme Court of Kenya, along with pending cases at the High Court and Court of Appeal challenging the process.

Kyallo roped in Selection Panel stalemate

The matter before the Court of Appeal involves National Liberal Party (NLP) leader Augustus Kyallo Muli who has been at the center of the deadlock due to the fallout on the composition of the selection panel.

Also Read: Kalonzo Exposes 2 Individuals Sabotaging IEBC Reconstitution

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 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 (PPLC) nominee slot, has asked the Court of Appeal to have his name instead presented.

Koki Muli has however stood her ground with part of Azimio maintaining Muli is the right candidate after meeting the requisite requirements and since the other nominees in the PPLC are of the male gender.

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