Why IEBC Commissioners’ swearing-in may stall despite MPs’ nod
President Ruto receives report on the recruitment of nominees for the posts of Chairperson and Members of the Independent Electoral and Boundaries Commission, from the IEBC Selection Panel led by Nelson Makanda (left). In a suit, activists have raised concerns that the process of recruitting IEBC commissioners lacked transparency and public participation.
The High Court has given the green light for the vetting of candidates nominated by President William Ruto as IEBC commissioners but blocked their swearing-in even if approved by parliament.
On Wednesday, Justice Lawrence Mugambi, gave Parliament the nod to continue with the vetting of the seven nominees for chairperson and commissioner roles. He, however, set conservatory orders on the gazettement of their names should they be approved by MPs.
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Thus, the nominees, even if approved by Parliament, will not be sworn in as the swearing-in would only proceed after a petition challenging the nomination process that was filed by activists Boniface Mwangi and Kelvin Roy Omondi has been addressed.
"I note that the issues raised in the petition touch on the sovereignty of the people," the judge ruled. The vetting of the IEBC Commissioners has started following High Court lifting of the suspension of the seven nominees presented by President William Ruto to the House.
In their petition, the activists raised concerns over the process that was followed in the nomination of the commissioners, claiming it lacked transparency and public participation.
"The nominations do not meet the requirements of Articles 10, 27(1), 232, and 250(3) & (4) of the Constitution of Kenya, 2010, which call for regional balance, ethnic inclusivity, and the inclusion of persons with disabilities.
"Allowing the nominees to take office without addressing these concerns would render the petition moot, as constitutional provisions do not allow for removal of commissioners on grounds related to irregular appointments," read the petition in part.
Earlier this month, President Ruto nominated Erastus Edung Ethekon for vetting as the next IEBC chairperson. He also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.
The new conservatory orders will further delay the constitution of the electoral body, consequently impeding the electoral body from conducting by-elections and undertaking voter registration yet the general elections are fast approaching.
