Lawyer wants Prof Adams Oloo barred from IEBC selection panel over conflict of interest
Lawyer Apollo Mboya, who lodged the petition, argues that the appointment is unlawful as Oloo also serves as an advisor to the president.
A case has been filed in court challenging the appointment of Prof. Adams Oloo to the Independent Electoral and Boundaries Commission (IEBC) Selection Panel.
Lawyer Apollo Mboya, who lodged the petition, argues that the appointment is unlawful as Oloo also serves as an advisor to the president.
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Mboya has now asked the court to quash the appointment noting that Oloo's role in President William Ruto’s Council of Economic Advisers could compromise the fairness of the selection process.
Oloo was appointed as an advisor to President Ruto on December 20, 2024.
His appointment was part of a move by the head of state to include allies of Orange Democratic Movement (ODM) leader Raila Odinga in key government positions.
This came a day after President Ruto also nominated allies of his predecessor, Uhuru Kenyatta, to the Cabinet.
He was appointed as a Strategy and Communication Adviser within the Executive Office of the President, while Joe Ager and Silvester Kasuku—also allies of Odinga—were appointed to other roles.
Mboya claims that Oloo, who serves as an advisor to the president, cannot “faithfully, impartially and in good conscience be an independent representative of the Parliamentary Service Commission in the panel and an advisor to the President/Executive at the same time.”
“If that was constitutionally permissible, the need to provide for sectoral representatives as contemplated under the First Schedule of the IEBC Act would have been pointless,” Mboya said in the court papers.
“As it were, the Presidency/Executive may as well appoint all members of the panel.”
The lawyer argues that Oloo’s position in the selection panel presents a “brazen conflict of interest” and violates the principle of separation of powers and representation intended by the IEBC Act.
“An election is a process, beginning with the appointment of the electoral commissioners to the announcement of results. With political drumbeats already on crescendo, the commissioners appointed from this process will be blotted before they assume office. Needless to state, the endemic suspicions and mistrust that have pervaded Kenya’s electoral process will be revived,” Mboya added.
He further contends that violating the integrity of the selection process undermines the legal and structural objectives of the IEBC Act, which aims to ensure the representation of the people in the selection of IEBC commissioners.
Upon filing the petition, Mboya sought urgent court orders to prevent Oloo from participating in the recruitment of electoral commissioners pending the determination of the case. He also requested the temporary suspension of all proceedings of the selection panel.
However, Justice Chacha Mwita declined to issue immediate orders, instead directing Mboya to serve the respondents with the court papers.
The case has been scheduled for directions on February 18.
The respondents in the petition include the Parliamentary Service Commission, Oloo, and the Attorney General.
Concerns raised
Concerns over Oloo’s appointment to the IEBC Selection Panel have now sparked a backlash among Kenyans including Members of Parliament.
Lugari MP Nabii Nabwera questioned whether Oloo could remain impartial while serving on the panel, given his advisory role in the presidency.
Speaking during a television interview on January 27, Nabwera stated, “I’m a bit skeptical about my colleague, Prof. Adams Oloo. I think a few weeks ago, he got appointed as an advisor to the president. Now, does it raise conflict?” he posed.
“I just want Oloo to reflect on himself, and if he feels that this can cause us problems, maybe he can recuse himself so that we get another person. The question would be, is he still representing the interests of those who are coming, or is he now representing the interests of the presidency? That’s the only issue I see.”
Oloo and Ager were also part of the team that facilitated dialogue between President Ruto and Odinga, paving the way for opposition figures to join the Cabinet.
Oloo has long been a political adviser to Odinga and played a key role in his past presidential campaigns. He also served on the National Dialogue Committee’s technical team.
Beyond political circles, Kenyans on social media have also expressed concerns over Oloo’s appointment.
An X user known as Asamoah questioned whether Oloo’s role in selecting new IEBC commissioners—who will oversee the 2027 elections—could undermine credibility.
“Prof. Adams Oloo was appointed as an advisor to President Ruto. Today, he is in a gazette notice to participate in the appointment of IEBC commissioners who will oversee the 2027 elections where Ruto is a candidate. Does it raise credibility issues?” Asamoah posed.
Another user, Ike Ojuku, questioned whether there were no other qualified Kenyans for the role.
“Prof. Adams Oloo is already serving as President William Ruto’s adviser. Is this not a conflict of interest? Are there no other Kenyans who can serve on the IEBC Selection Panel?” Ojuku posed.
The case filed by Mboya is now set to test whether Oloo’s dual role in government and the electoral process presents a legal conflict of interest.
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