The High Court has paved the way for the Independent Electoral and Boundaries Commission (IEBC) commissioners’ selection panel list to be forwarded to President William Ruto for appointment. Justice Dola Chepkwony, delivering the ruling, dismissed allegations of exclusion and imbalance within the selection panel, stating there was no evidence to support claims of discrimination against persons with disabilities or a lack of gender and regional representation.
This ruling comes amidst a backdrop of legal challenges and political contention surrounding the reconstitution of the IEBC. Notably, last month, the High Court declared the IEBC (Amendment) Act 2023 unconstitutional, citing the absence of public and stakeholder input during its passage. However, Parliament clarified that this decision does not affect the current selection panel, as the Act had been amended by the IEBC (Amendment) Act 2024, which was assented into law by President Ruto in July 2024.
Justice Chepkwony also addressed claims that the Azimio party failed to conduct a competitive recruitment process, noting that the party was not part of the case, thereby rendering the allegations moot.
This development marks a significant step in the ongoing efforts to reconstitute the IEBC, a process that has been fraught with legal hurdles and political debates. The court’s decision is expected to expedite the appointment of new commissioners, a move deemed crucial for the commission’s functionality ahead of upcoming electoral activities.
