Court Allows Ruto To Appoint IEBC Selection Panel

In a vital ruling that will boost the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), the High Court on Friday, January 24 cleared the way for Parliament to send the names of nine members of the selection panel to President William Ruto for appointment.

Justice Dola Chepkwony, in a ruling, dismissed claims that the list lacked inclusivity, stating there was no evidence to prove that persons living with disabilities (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 Justice Chepkwony.

The judge also rejected a petition challenging Azimio la Umoja’s nomination process, noting that the claim that the coalition failed to conduct a competitive and open recruitment exercise could not be substantiated, as Azimio was not formally enjoined in the case.

The ruling paves the way for the appointment of the panel, which will oversee the selection of new IEBC commissioners following the departure of the previous team.

The IEBC selection panel will be composed of nine nominees from five bodies as per the IEBC Bill 2024. The five bodies are the Political Parties Liaison Committee, the Inter-religious Council, the Institute of Certified Public Accountants of Kenya, the Law Society of Kenya and the Parliamentary Service Commission. 

So far, the panel is made up of Evans Misati, Nicodemus Bore, Augustus Muli, Dr Nelson Makanda, Fatuma Saman and Tanui Andrew Kipkoech. However, the nomination of Augustus Muli from the Minority party was heavily contested by Azimio which resulted in court orders delaying his nomination. LSK and the PSC did not submit nominees.

A petition filed in 2024 by Boniface Njogu, had raised concerns about the adherence to constitutional requirements in respect to the inclusion of PWDs in elective and appointive bodies.  

As a result, an injunction was issued by the High Court in Kiambu in October 2024 preventing the Clerk of the Senate, Jeremiah Nyegenye, from forwarding the names of the nominees of the IEBC selection panel to Ruto for appointment. This barred the publication or gazettement of the names until the resolution of the case.

The IEBC commissioners’ selection panel discourse has been an intense point of discussion following the 2022 General Elections. Various bodies such as the Law Society of Kenya (LSK), politicians and senior members of the Judiciary raised their concerns about the delayed reconstitution of the IEBC. 

Once appointed by Ruto, the selection panel shall finalize the recruitment exercise within 90 days of its appointment and forward the names of the nominees to the President and shall thereafter stand dissolved. However, Parliament may, by resolution passed in both the National Assembly and the Senate, extend the tenure of the selection panel for a specified period.