The legal dispute surrounding the IEBC Selection Panel took a new turn during the appeal hearing for Dr. Koki Muli, who is challenging the nomination of Dr. Augustus Muli to the panel. The case, which was heard by Hon. Justice Janet Mulwa of the High Court, focused on whether the nomination of Dr. Augustus Muli, who is associated with a non-parliamentary party, was legitimate under the Political Parties Act and IEBC regulations. The court is set to deliver its judgment on October 22, 2024.
Koki Muli’s Case
Representing Dr. Koki Muli, advocate Arnold Ochien’g argued that Dr. Augustus Muli was not officially nominated by the Azimio Coalition and, as such, his party did not meet the criteria required for representation in the IEBC Selection Panel. Ochien’g stressed that the Azimio Coalition holds exclusive powers to appoint its nominees for the IEBC selection, asserting that Dr. Koki Muli was a more fitting choice under this framework.
He reinforced this point, emphasizing that only parliamentary parties are entitled to make such nominations. Ochieng’ pointed out that Augustus Muli’s party does not qualify as a parliamentary party, and therefore, his nomination violated the spirit of fairness and transparency outlined in the selection process.
Augustus Muli’s Defense
In defense of Dr. Augustus Muli, lawyer Kelly Malenya (representing him in a separate capacity) argued that the consolidated appeal lacked merit and should be dismissed with costs. Malenya insisted that Parliament should be allowed to carry out its duties without interference, asserting that Dr. Muli’s nomination followed due process.
The lawyer for the 4th respondent, Ochieng Waluke, argued that the Political Parties Disputes Tribunal (PPDT) was not the appropriate body to handle such disputes regarding alliances in IEBC nominations. He added that Section 2(B) of the IEBC Act mandates that nominations are conducted transparently and competitively, and in this case, both Dr. Augustus Muli and Dr. Koki Muli competed for the nomination, with Dr. Augustus Muli winning by a significant margin of 16 votes to 6.
Waluke defended the process, stating that the constituent members of the parties involved had a fair chance to elect their preferred candidate. He also referenced Section 40 [1e] of the Political Parties Act, which grants the tribunal the capacity to hear such disputes. Although he acknowledged that the two-thirds gender rule was not fully complied with, Waluke affirmed that the process was conducted within the law by the Political Parties Liaison Committee (PPLC).
Awaiting Judgment
The appeal hearing was conducted virtually, and Justice Janet Mulwa announced that the court would issue its ruling on October 22, 2024, at around 2 PM. Both sides remain hopeful for a favorable outcome, but the ruling could have far-reaching implications for the composition of the IEBC Selection Panel and the ongoing debate about gender compliance in political nominations.
Dr. Koki Muli, a prominent legal scholar, has been in the spotlight for her challenge to Augustus Muli’s nomination. This legal battle follows the earlier ruling by the Political Parties Disputes Tribunal, which confirmed Augustus Muli as the nominee to represent small parties in the IEBC Selection Panel—a decision now under scrutiny.
As the judgment date approaches, all eyes will be on the court, as the ruling could potentially shape the future of electoral reform and representation in Kenya.
