High Court Issues Important Deadline On Formation Of IEBC Selection Panel
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.
Viral Tea Ke Writer 
The High Court has ordered Azimio la Umoja-One Kenya to nominate its candidate to the selection panel of the Independent Electoral and Boundaries Commission (IEBC) in two days, an important step in the road to reconstituting the country's main electoral body.
On Tuesday, October 22, the court set aside and vacated the Political Parties Dispute Tribunal judgement in the case involving the National Liberal Party leader Dr. Augustus Kyalo Muli against the Azimio la Umoja One Kenya Coalition & PPLC and 2 interested parties.
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 for the simple reason that it does not have representation in Parliament.
The Milimani Law Courts in Nairobi. /FILE
“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.
Consequently, the court directed that 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.
The elections are to be conducted in a strict timeframe of within 48 hours and not later than 3:00 p.m. on October 24, 2024.
"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 3.00 pm on 24/10/2024," added the ruling. Azimio was ordered to bear the costs.
The PPDT ruling had declared Augustus Kyalo Muli as the legitimate representative of small parties on the IEBC selection panel. Ambassador Koki Muli filed the case, which was scheduled for mention on Thursday, September 26, before Lady Justice Janet Mulwa.
It has been over two months since President William 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. However, the nomination process for the IEBC selection panel, responsible for recruiting the commissioners, was thrown into disarray.
Ambassador Koki Muli and the Azimio la Umoja coalition appealed against the tribunal's ruling that named Augustus Kyalo Muli as the nominee, arguing that the tribunal failed to provide Ambassador Koki Muli the opportunity to be heard, lacked jurisdiction under the Political Parties Act to consider the complaint, selected an inappropriate representative for Azimio la Umoja, and did not uphold the two-thirds gender rule.
They contended that the tribunal overstepped its authority by infringing on Azimio's right to choose its nominee for the IEBC selection panel. In response, Augustus Kyalo Muli labelled the new suit as an act of impunity and an attempt to undermine the electoral body.
"What we are seeing here is impunity. The court has already pronounced itself. Do we want a divided IEBC? Azimio has a significant role in this. I stand for justice. It is time for the president to clarify his position. We are considering withdrawing from Azimio and will elect our own leader, as we represent the majority," he stated.
National Assembly Speaker Moses Wetang’ula had in July this year revealed that the selection panel will consist of nine members, including representatives from the Parliamentary Service Commission (PSC), the Law Society of Kenya (LSK), the Inter-Religious Council of Kenya, the Institute of Certified Public Accountants of Kenya (ICPAK), and the Political Parties Liaison Committee (PPLC).
The demand for a new IEBC has been put as a priority following the nationwide protests which were led and involved by Kenya's Gen Z between June and July. President Ruto has been under pressure to sign the Bill, despite promising on Sunday, June 30 that he would appoint a new-look IEBC in 10 days. With calls for Members of Parliament (MP) who voted in favour of the Finance Bill 2024 to be recalled and bolder calls for Ruto to resign, the youth had believed that the paralysis concerning the reconstitution of the IEBC could not be allowed to continue.
With one of the demands released online previously reading “Constitute the IEBC within the next 30 days to facilitate our move to recall all rogue MPs and hold fresh elections," the IEBC has been viewed as a critical body in having their wish for the lawmakers to be recalled and sent back to the ballot.
IEBC CEO Marjan Hussein with the former commissioners including former chairperson, Wafula Chebukati, during a past media address. /FILE
One of the main triggers for the anti-Finance Bill protests was the controversial Finance Bill which sailed through Parliament on Tuesday, June 25 after 195 Members of Parliament voted to pass it while 106 others rejected it. This has ignited calls for the recall of MPs accused of betraying Kenyans, a process that involves the IEBC.
Furthermore, reconstituting the IEBC early is also viewed as important given that the next general elections are in 2027- three years away from now.
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