Political Parties registrar Anne Nderitu defends IEBC nomination, says law allows it
She said she was fully aware that one must resign before formal appointment, but not during the application or nomination stage.
Registrar of Political Parties Anne Nderitu has defended her nomination to serve as a commissioner at the Independent Electoral and Boundaries Commission (IEBC), saying her current position does not make her ineligible for the role.
Appearing before the Justice and Legal Affairs Committee of the National Assembly, Nderitu told MPs that she had followed the law and clarified that nomination does not amount to appointment.
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She said she was fully aware that one must resign before formal appointment, but not during the application or nomination stage.
“When I was applying for the job, I was fully aware that one cannot be appointed as a commissioner while still holding a state office,” Nderitu said.
“This is a process. I have not been appointed, and the law allows one to resign before formal appointment,” she added.
Nderitu was responding to concerns raised by Rarieda MP Otiende Amollo, who said the committee had received submissions objecting to her nomination on the grounds that she was still serving as Registrar of Political Parties.
“We have submissions objecting to your nomination on the grounds that you are currently serving as the Registrar of Political Parties, and therefore, ineligible for the position of IEBC commissioner,” Amollo said.
Nderitu referred to a 2014 ruling by the National Assembly, in which the Speaker ruled that a public office does not fall vacant upon nomination but only after appointment.
“Based on that precedent, I believe I am in full compliance. Resignation is only necessary just before appointment, not nomination,” she explained.
She told the committee that her experience as Registrar since 2019 had prepared her to contribute effectively to the IEBC if approved.
The vetting of IEBC nominees resumed after a court allowed Parliament to proceed, even as it barred the final appointment and swearing-in pending judicial review. The process had been halted for months after petitioners challenged the nominations over regional and gender balance
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