Court Stops Ruto & Raila From Making Changes To IEBC
According to Justice Mugambi, the lack of public participation proved enough grounds to annul the laws.
Viral Tea Ke Writer 
The High Court has declared the Independent Electoral and Boundaries Commission (IEBC) Amendment Bill 2023 unconstitutional, a move that is a significant blow to hopes of reconstituting the electoral body.
Justice Lawrence Mugambi on Friday, December 13 ruled on the constitutional status of the Bill, with its nullification meaning that President William Ruto's selection panel for the electoral body is now illegal.
According to Justice Mugambi, the lack of public participation proved enough grounds to annul the laws.
The Bill which proposes critical changes to the institution's operations and structure, was signed into law by President Ruto. One of the key adjustments proposed in the laws involves the expansion of the IEBC selection panel from seven to nine members.
President-elect William Ruto reacts after being declared the winner of Kenya's presidential election at the IEBC National Tallying Centre at the Bomas of Kenya, in Nairobi, Kenya August 15, 2022. /REUTERS
In February 2023, President Ruto appointed a seven-member selection panel, two weeks after declaring the commissioner positions vacant.
Ruto signed the IEBC (Amendment) Bill 2022 into law in January 2023, which required the Selection Panel to have representatives of the Parliamentary Service Commission, the Public Service Commission (PSC), the Political Parties Liaison Committee (PPLC), the Law Society of Kenya (LSK), and the Inter-Religious Council of Kenya.
In the Bill, the Parliamentary Service Commission and the Inter-religious Council of Kenya were given two members (a man and a woman) each, while the PSC, PPLC, and LSK had one member nominated to the panel.
Under the new provisions, qualifications for commissioners were raised to include a minimum of 10 years of professional experience in relevant fields such as electoral management, finance, or ICT.
The new law also included a new threshold requiring the candidates for the chairperson's role to meet criteria equivalent to those of a Supreme Court judge.
Operationally, the Bill introduces transparency in the recruitment process, requiring the publication of applicant names and qualifications for public review. It also modifies decision-making within the commission, mandating either unanimity or majority voting among commissioners.
The annulled bill of 2023 is however different from the IEBC (Amendment) Bill, 2024 which was assented to law on July 9, 2024, which paves the way for the establishment of the selection panel for the appointment of new IEBC commissioners.
The IEBC bill was the first to be processed by Parliament based on the recommendations of the National Dialogue Committee (NADCO) report tabled by a 10-member delegation after a disputed 2022 presidential election results which saw a section of the IEBC commissioners disown Ruto’s election victory.
