The appointment of the Independent Electoral and Boundaries Commission (IEBC) selection panel has taken a fresh twist following a court ruling in a case filed which challenged a Political Parties Disputes Tribunal judgement.
This judgement had declared National Liberal Party leader Dr. Augustus Kyalo Muli as the legitimate representative of small parties on the IEBC selection panel.
Ambassador Koki Muli and the Azimio la Umoja One Kenya coalition went on to appeal against the tribunal’s ruling that named Muli as the nominee.
Following the appeal, Lady Justice Janet Mulwa of the High Court on Tuesday, October 22, set aside and vacated the Political Parties Dispute Tribunal judgement.
The Court in the ruling has directed fresh elections be conducted in regard to a representative of the Minority Coalition Political Parties pursuant to Paragraphs 1 and 2 of the IEBC (Amendment) Act, 2024.
In addition, the elections are to be conducted within 48 hours and not later than 3:00 p.m. on October 24, 2024.
This follows the Court’s declaration that Dr. Augustus Muli was not validly nominated and elected in the Cluster of Minority political party/coalition of parties under the IEBC Amendment Act.
According to the court, the Political Party that nominated Kyalo Muli is not a Parliamentary party within the Azimio la Umoja One Kenya Coalition.
Ruling on IEBC Selection Panel elections
This is for the simple reason that it does not have representation in Parliament.
“For the foregoing the court holds the view that costs of these consolidated appeals must be awarded to Dr. Augustus Muli, to reimburse him of the monies he expended after he was cleared by the Azimio Coalition to contest for the position when it knew, or ought to have known that Dr. Augustus Muli lacked the requisite capacity to do so for reasons stated above,” the ruling reads in part.
These costs shall be borne by the Azimio Coalition.
The ruling adds, “The court further directs and orders that Fresh Election for Minority Coalition Cluster for nominees to the IEBC selection panel be held in strict compliance with provisions of Sections 2(B) and 2(C) of the First Schedule of IEBC (Amendment) Act 2024, within 48 hours of this judgment/orders, and in any event not later than 3.00pm on 24/10/2024.”
Also Read: IEBC Selection Panel Nominees Forwarded to Parliament, Here’s What Next
The ruling comes after Dr. Augustus Muli in September announced that his party, the National Liberal Party, will lead 15 small parties in withdrawing from the Azimio la Umoja coalition.
In response, the coalition alongside Ambassador Koki Muli appealed against the tribunal’s ruling that had named Muli as the nominee.
The appellants argued that the tribunal failed to provide Ambassador Koki Muli the opportunity to be heard and lacked jurisdiction under the Political Parties Act to consider the complaint.
Submission by Azimio
Further, they argued that the tribunal selected an inappropriate representative for Azimio la Umoja, and did not uphold the two-thirds gender rule.
The nomination process for the IEBC selection panel, responsible for recruiting the commissioners, has however been thrown into disarray.
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