In a significant legal win for Dr. Augustus Muli, the High Court has issued conservatory orders blocking the National Assembly from gazetting nominees to the Independent Electoral and Boundaries Commission (IEBC) selection panel. This action intensifies the already contentious IEBC selection process, which has been marked by political divisions and legal challenges.
The core of the dispute involves Dr. Muli’s nomination by the National Labour Party, which was validated by the Political Parties Disputes Tribunal as the rightful representative of small parties on the IEBC selection panel. However, this ruling has faced resistance, particularly from Wiper Party and Azimio la Umoja coalition members, who back Dr. Koki Muli for the role. With the court’s orders in effect, the National Assembly Clerk cannot move forward with gazetting the panel until further court deliberations clarify the situation.
The legal challenge was initiated by petitioner Boniface Njogu, who argued that the nominations process may violate constitutional requirements under Articles 10 and 54(2). These articles mandate that public appointments include persons with disabilities, meeting a minimum representation threshold. Njogu’s case calls for compliance with these principles in the IEBC selection process, emphasizing inclusivity and adherence to constitutional mandates.
This court intervention delays the IEBC selection and ensures that the dispute over Dr. Muli’s nomination remains unresolved. As the case progresses, the court’s final ruling could not only determine Dr. Muli’s status on the panel but also shape the IEBC’s oversight role in Kenya’s future elections.
