- The Kiambu high court decided to uphold the list of the IEBC panel of nominees, allowing President William Ruto to be nominated.
- Judge Dola Chepkwony dismissed claims that the panel lacked ethnic, gender or regional balance, saying there was insufficient evidence.
- The Court affirmed that while inclusiveness is required, it does not mandate ethnic bias, and panel composition is acceptable in light of many different factors.
- Judge Chepkwony also dismissed the application challenging the selection process of the United Declaration, citing that the union was not formally involved in the case.
Kiambu – The Supreme Court has approved the list of the selection panel of the Independent Electoral and Boundaries Commission (IEBC) to be sent to the President William Ruto to be appointed.
Source: Twitter
The important decision marks an important step in the process of selecting new election commissioners.
Why did the court decide in favor of the IEBC panel?
On Friday, January 24, Judge Dola Chepkwony of the Kiambu High Court ruled in favor of the list, dismissing claims that the primary was not inclusive.
The court concluded that there was no evidence to show that people living with disabilities had been left out or that the list failed to meet the requirements of gender and regional equality.
The petitioners had claimed that the list failed to meet the required levels of diversity, citing that four nominees were from two specific ethnic groups.
However, the court said that this claim was not enough to invalidate the entire process, especially since there was not enough evidence to support the claim.
Judge Chepkwony, in his decision, said that the principle of inclusiveness, as set out in Article 10 of the Constitution, mandates the existence of diversity in the selection of nominees for the panel IEBC.
However, he noted that this does not require a complex formula for the representation of each tribe, especially considering the legal framework that guides the selection process.
The judge pointed out that while regional diversity is important, the composition of the panel should reflect a range of factors, including gender and integrity, rather than simply focusing on regional bias.
“Although inclusiveness is necessary, it does not mean systematic representation for all Kenyan ethnic communities, especially where the legal system considers a specific number of seats and different selection bodies as here. Therefore after reviewing the responses to the submissions of evidence .submitted by the second respondent this court is persuaded that the nine nominees reflect a general attempt to ensure that there are regional differences,” Judge Chepkwony explained his decision.
The selection panel includes Nelson Makanda, Fatuma Saman, Evans Masati, Nicodemus Kipchirchir, Andrew Tanui Kipkoech, Caroline Kituku, and Linda Koome.
What was Judge Dola's decision on the Declaration's application list?
Furthermore, the court dismissed the petition challenging the selection process of Declaration of Unity.
The applicants had claimed that the union had failed to conduct a competitive and open exercise to register them.
However, the court noted that Azimio was not an official part of the case, and thus the request could not be confirmed.
This decision now clears the way for President Ruto to appoint a selection panel that will be responsible for overseeing the recruitment of new IEBC commissioners.
IEBC Constitution
On July 9, 2024, Ruto approved the IEBC Amendment Bill, setting the stage for the commission's reorganization.
According to the Independent Electoral and Boundaries Commission Act, the primary mandate of the IEBC is the administration of elections.
The law states that the selection of IEBC commissioners is an important process that begins with the president appointing the selection panel.
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