AG seeks to strike out IEBC petition, citing prematurity and violation of constitutional doctrines

Attorney General Dorcas Oduor has filed a preliminary objection seeking to strike out a petition challenging the nomination of Independent Electoral and Boundaries Commission (IEBC) commissioners, arguing that the case is premature and violates key constitutional doctrines.

In documents filed before the High Court, Oduor contends that the petition is non-justiciable, having been filed in violation of the principle of ripeness. She maintains that the petitioners, Kelvin Roy Omondi and Boniface Mwangi, did not exhaust constitutionally provided mechanisms before turning to the courts.

“The petitioner failed to exhaust constitutionally provided remedies at the first instance before seeking this court’s intervention, thereby breaching the doctrine of exhaustion,” the Attorney General argues.

Oduor adds that any intervention by the court at this stage would interfere with the constitutional mandate of other arms of government.

“The exercise of jurisdiction by this honourable court at this stage of the appointment process of commissioners to an independent constitutional commission would contravene the doctrine of separation of powers, and amount to a usurpation of the legislature's primary role in the approval process,” reads the court papers.

She now wants the court to dismiss the petition entirely, insisting that the claim is premature and legally untenable.

The petition was filed in response to President William Ruto’s recent IEBC nominations.

Earlier this month, the President named Erastus Edung Ethekon as the next IEBC chairperson. He also nominated Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.

Petitioners Omondi and Mwangi argue that the nomination process was illegal and unconstitutional. They claim that it did not adhere to the procedural and legal requirements expected of such appointments and should therefore be halted.

“There is an imminent risk that the National Assembly may proceed to vet and approve the nominees, despite the flawed nature of the nomination process,” the petitioners state.

The court is expected to first rule on the Attorney General’s preliminary objection before considering the substance of the case.

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