High Court ruling finally paves way for formation IEBC selection panel
The Kiambu High Court has dismissed a petition challenging the constitution of the IEBC Commissioners Selection Panel
The Kiambu High Court has dismissed a petition challenging the constitution of the IEBC Commissioners Selection Panel on grounds that the petitioner, Bonface Njogu, had failed to prove that persons living with disabilities had been excluded in the panel’s empanelment.
In her ruling, Justice Dola Chepkwony also dismissed a petition challenging Azimio’s nomination process, saying the claim that the coalition failed to conduct a competitive and open recruitment exercise could not be substantiated.
The ruling now gives President William Ruto the green light to appoint the IEBC Selection panel, with the following nominees; Dr. Nelson Makanda, Fatuma Saman, Amb. Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Caroline Kituku, Prof. Adams Oloo, and Linda Koome.
In his petition, Njogu had argued that the list neither takes into account regional balance nor takes into account persons living with disability.
“In a country of more than 42 Communities it is absurd that four nominees from the list (Caroline Kituku, Amb. Dr Koki Muli, Andrew Tanui Kipkoech and Nicodemus Bore Kipchichir) would come from the same region/community. The list does not adhere to regional/ethnic balance on such a critical national process and it flies on the face of Article 10 of the Constitution,” argued the petitioner.
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“Despite a statutory requirement under section 2B of the First Schedule to the IEBC (Amendment) Act 2024 that the process be transparent and competitive some clusters specifically the minority coalition party/Azimio One Kenya Party simply appointed their nominee instead of an election.”
The delay in constituting the IEBC Selection Panel has in recent times caused uproar from members of the public as well as parties allied to the opposition Azimio coalition.
Wiper leader Kalonzo Musyoka and his DAP-K counterpart Eugene Wamalwa in October last year claimed that the delay was a deliberate tactic by the State to stifle democracy in the country.
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