IEBC selection panel hits yet another snag as fresh legal challenge emerges

The formation of the Independent Electoral and Boundaries Commission (IEBC) selection panel is set to face more delays after a fresh legal challenge was lodged against the Political Parties Disputes Tribunal's ruling.

The Azimio la Umoja coalition and Ambassador Koki Muli have filed an appeal against the tribunal's ruling that appointed Augustus Kyalo Muli as their nominee.

The tribunal had earlier named Augustus Kyalo Muli as the legitimate representative of small political parties on the IEBC selection panel.

However, Ambassador Koki Muli contested the ruling, filing a case that is scheduled for mention on Thursday, September 26, before Lady Justice Janet Mulwa.

Augustus Kyalo Muli announced that his party, the National Liberal Party, along with 15 other small parties, plans to withdraw from the Azimio la Umoja coalition.

In the appeal, several issues raised include claims that Ambassador Koki Muli was not given a chance to be heard by the tribunal, that the tribunal acted outside its jurisdiction under the Political Parties Act, and that the nominee chosen did not meet the two-thirds gender rule. Additionally, the appellants argue that the tribunal infringed on Azimio’s right to select its representative.

In response to the new suit, Augustus Kyalo Muli criticised the appeal, terming it as a move that undermines the IEBC.

Azimio principal and former Prime Minister Raila Odinga addresses the media after witnessing President William Ruto sign the IEBC Amendment Bill 2024 into law at KICC, Nairobi, on Tuesday, July 9, 2024. (Photo: PCS)

“What we are seeing here is impunity. The court has already pronounced itself. Do we want a divided IEBC? Azimio has a significant role in this. I stand for justice. It is time for the president to clarify his position. We are considering withdrawing from Azimio and will elect our own leader, as we represent the majority,” he said.

The IEBC has been without a full panel of commissioners for over two months, following President William Ruto's signing of the IEBC Bill.

The law paved the way for reconstituting the commission, a crucial step toward preparing for the 2027 general election.

However, the process of appointing the IEBC selection panel, which is responsible for nominating commissioners, has hit a roadblock.

The legal controversy follows a call by National Assembly Speaker Moses Wetangula, who urged for the swift reconstitution of the IEBC. Wetangula had recently implored those causing delays in the selection process to reconsider their positions for the sake of national unity.

He emphasised the urgency of addressing the IEBC issue as there were many pending commission activities which had stalled due to a lack of commissioners.

"We cannot afford further delays on boundary reviews or pending by-elections in our wards and constituencies. I urge those obstructing this process to reconsider their stance and allow the country to move forward,” he said.

He also urged the Chief Justice to expedite court cases concerning the IEBC, stressing the need for prompt resolution to avoid further disruptions to the electoral process.