Ruto, Raila Square Off Over IEBC Selection Panel

President William Ruto and Azimio la Umoja-One Kenya coalition leader Raila Odinga offered contradicting statements towards each other regarding the selection panel for the recruitment of the nominees for appointment as the Chairperson and members of the Independent Electoral and Boundaries Commission (IEBC).

Speaking at Mombasa during Coast Orange Democratic Movement (ODM) delegates meeting, Raila accused the Head of State of making errors in appointing the seven-member selection panel.

He argued that the whole process was compromised because the President is allegedly picking commissioners of his choosing while explaining his reason for planning to boycott the 2027 general elections.

Raila Odinga during a rally in Narok County on March 11, 2023. /RAILA ODINGA

“There will be no need to have elections in 2027 when the President wants to choose commissioners of his preference. It is like having in a football match the referee being chosen by one team,” he argued.

However, speaking during an Interdenominational Thanksgiving service at Kirubia Stadium, Chuka, Tharaka Nithi County, President Ruto affirmed that he was not going to bend the rule of law and the Constitution to satisfy them.

He further defended the process of picking the selection panel, stating that the Constitution was followed in selecting the panel and that there was enough representation.

“IEBC selection panel was constituted according to the Constitution. Law Society of Kenya, Political Parties, Religious Groups and Public Service all forwarded names to be included in the selection panel.

“What I did was to Gazette the names that were brought to my desk as dictated by the law, I do not have any preferred candidates in the selection panel because the Constitution does not give the President room to choose anyone,” he answered Raila.

The members of the selection panel include Bethuel Sugut and Novince Euralia Atieno from the Parliamentary Service Commission.

The Political Parties Liaison Committee will be represented by its chairman Evans Misati James. The Law Society of Kenya member is Benson Ngugi Njeri of Igeria and Ngugi advocates.

Other members are Charity Kisotu, Nelson Makanda and Fatuma Saman.

Paragraph 1 (1) of the First Schedule to the Independent Electoral and Boundaries Commission Act, 2011 ("the Act") requires that at least six months before the lapse of the term of the Chairperson or a Member(s) of the Commission the President shall appoint a Selection Panel comprising of seven persons for recruitment of their successor(s) in Office.

In a Gazette notice, the Head of State declared the positions previously held by Chairman Wafula Chebukati, Vice Chairperson Juliana Cherera, Commissioners Boya Molu, Abdi Guliye, Francis Wanderi and Justus Nyang'aya vacant.

Chebukati, Molu and Guliye retired after their six-year term came to an end on January 17, 2023. Cherera, Wanderi and Nyang'aya however stepped down from their roles in the midst of investigations into the 2022 general elections.

For Irene Masit, a tribunal chaired by Justice Aggrey Muchelule which was set up by the President to probe the conduct of the commission recommended her removal from office, which was thereafter realised by the Head of State.

This means that the selection panel will have to pick a fresh team of commissioners.