Petition seeks to bar panel from recruiting IEBC chairman, commissioners
The activists argue that the panel's composition and operations raise serious concerns, particularly that political parties have dominated and are leading the selection process for the IEBC chairman and commissioners, creating a significant conflict of interest.
Activist Bob Njagi has petitioned the High Court to halt the operations of the panel appointed to recruit the chairman and commissioners of the Independent Electoral and Boundaries Commission (IEBC), arguing that the majority of its members are political party cronies who cannot establish an impartial commission.
The petition, filed on February 4, 2025, by Njagi and his peers, contends that bipartisan political parties have captured the crucial electoral process by appointing five out of the nine members of the panel.
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They assert that it is necessary, and in the public interest, for the High Court to intervene to prevent further infiltration and capture of this critical process, which could undermine the independence and impartiality of the IEBC, thereby compromising its ability to conduct free, fair, and credible elections.
The activists argue that the panel's composition and operations raise serious concerns, particularly that political parties have dominated and are leading the selection process for the IEBC chairman and commissioners, creating a significant conflict of interest.
The panel consists of two nominees from the Parliamentary Service Commission representing the majority party or coalition and the minority party or coalition. Additionally, three members are appointed by the Political Parties Liaison Committee, representing political parties or coalitions.
"Political parties effectively control the IEBC selection panel, with five out of nine representatives," the activists state in their petition.
"By participating in and influencing the selection of the commission that will manage elections in which these same political parties will field candidates and have vested interests, it is highly likely that they will manipulate the selection of commissioners in their favour."
The petitioners claim that the panel is facilitating the capture and control of the commission by political parties and their affiliates.
The petitioners include the Free Kenya Initiative, chaired by Njagi, alongside activists Nicholas Oyoo and Felix Wambua. Others named in the petition are Halima Sharif, Florence Kanyua, and Njoroge Wanjigi.
The activists argue that the panel's activities raise significant constitutional concerns, as it appears to have sidelined Kenyans, independent candidates, and other equally important stakeholders.
They are seeking a court order to halt the panel’s activities pending the hearing and determination of their petition, which aims to permanently bar the panel from proceeding with the recruitment exercise.
The activists have sued the panel, the Parliamentary Service Commission, and the Attorney General as respondents. The panel’s chairman, Dr Nelson Makanda, and its eight other members have been listed as interested parties.
"Unless this honourable court intervenes and grants the orders sought, it will be condoning gross violations of the Constitution, effectively allowing the panel and the Parliamentary Service Commission, among others, to continue disregarding its sanctity and trampling on the petitioners' rights and fundamental freedoms without restraint," the petitioners argue.
The activists further challenged the IEBC Amendment Act of 2024, which transferred the facilitation of the panel’s mandate from the Public Service Commission (PSC) to the "captured" Parliamentary Service Commission.
The amended Act introduced significant changes to the selection criteria for the IEBC panel and altered the rules governing the provision of secretariat services required for the discharge of the panel's mandate, replacing the PSC with the Parliamentary Service Commission.
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