Court halts Ruto-Raila IEBC Amendment Bill, 2023
The High Court has declared the Independent Electoral and Boundaries Commission (IEBC) Amendment Bill 2023 unconstitutional
The High Court has declared the Independent Electoral and Boundaries Commission (IEBC) Amendment Bill 2023 unconstitutional.
The ruling by Justice Lawrence Mugambi on Friday, December 13, comes amid a new push to reconstitute the electoral body. This, in essence, throws another huddle into the already challenging process.
In his ruling, Justice Mugambi averred to the lack of public participation as the grounds to annul laws.
The Bill which proposes critical changes to the institution’s operations and structure, was signed into law by President William Ruto.
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.
The Bill passed saw the Parliamentary Service Commission and the Inter-religious Council of Kenya allocate two members (a man and a woman) each, while the PSC, PPLC, and LSK had one member nominated to the panel.
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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.
These reforms stem from the National Dialogue Committee (NADCO), formed by President Ruto and the Azimio la Umoja One Kenya Coalition in a deal to end the protests that followed the 2022 polls.
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