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.
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
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.
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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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