Azimio picks Dr. Koki Muli as representative in IEBC selection panel

Azimio La Umoja has picked Dr. Koki Muli as its representative on the Independent Electoral and Boundaries Commission (IEBC) selection panel, facilitating the gazettement and swearing-in of the team responsible for recruiting new commissioners.

Dr. Koki Muli's nomination was necessitated by a court directive which ordered Azimio to select a new candidate by 3 pm on Thursday, October 24, 2024.

This move follows a legal challenge that disqualified the previous nominee, Augustus Kyalo Muli, for not meeting the legal requirements due to his party's lack of parliamentary representation.

On Tuesday, High Court Judge Janet Mulwa ruled that Kyalo, who had been cleared by Azimio to represent them, was not qualified for the position because the National Liberal Party (NLP), which he represents, has no members in Parliament.

“The National Liberal Party’s lack of representation disqualifies Dr. Augustus Muli from serving on the IEBC Selection Panel,” Justice Mulwa said.

The court found that the Azimio Coalition acted inappropriately by allowing Muli to vie for the position despite knowing or being in a position to know that he did not meet the legal requirements.

Azimio was further mandated to bear the costs incurred by Muli during his clearance process, requiring the coalition to reimburse him in full.

President William Ruto, former Prime Minister Raila Odinga, Deputy President Rigathi Gachagua, former Vice President Kalonzo Musyoka and National Assembly Speaker Moses Wetangula pose with the IEBC Ammendment Act 2024 after Ruto signed it into law at KICC, Nairobi on Tuesday, July 9, 2024. (Photo: PCS)

“These costs shall be borne by the Azimio Coalition,” Justice Mulwa said.

IEBC has been without a chairperson and commissioners since the mass resignation of the Cherera Four and the retirement of former Chair Wafula Chebukati and commissioners Boya Molu and Abdi Guliye.

This is despite President William Ruto signing into law the IEBC Amendment Act 2024 over two months ago, setting the groundwork for restructuring the electoral commission by appointing new commissioners and a chairperson in preparation for the 2027 General Election.

Without a full commission, the IEBC’s capacity to manage key functions such as voter registration, delineation of boundaries, and organising by-elections has been severely hampered.

US Ambassador to Kenya Meg Whitman had warned that Kenya’s democracy was in jeopardy due to the delay in recruitment of new IEBC commissioners.

Speaking on Wednesday during a high-level meeting with IEBC Commission Secretary and CEO Marjan Hussein Marjan, Ambassador Whitman emphasised the vital role of IEBC in ensuring free and fair elections and called for immediate action to secure its stability.

“IEBC Kenya’s ability to support democracy in Kenya is at risk without the recruitment of commissioners or parliamentary action to provide IEBC funding for voter registration, by-elections, and other election activities,” the US Embassy in Nairobi said in a statement on X.