High Court halts IEBC reconstitution amid legal disputes

The High Court has intervened to suspend the reconstitution of Kenya's electoral body, blocking the transmission of names from the Independent Electoral and Boundaries Commission (IEBC) selection committee to President William Ruto for his approval.

This ruling, issued by the High Court in Kiambu, prohibits Jeremiah Nyegenye, the Clerk of the Senate and Secretary to the Parliamentary Service Commission (PSC), from forwarding, publishing, or gazetting the nominees until a further judicial review is conducted.

The decision follows a legal challenge by Boniface Njogu, who raised concerns over the appointment process's inclusivity, referencing Articles 10 and 54(2) of Kenya’s Constitution.

Njogu argued that state appointments should reflect the progressive principle of having at least five per cent of public body members as persons with disabilities.

He expressed concerns that the appointments would render his case moot if allowed to proceed, as the commission’s mandate only extends 90 days.

Magistrate Dorah Chepkwony's order effectively puts the appointment process on hold until the case is resolved.

The ruling adds complexity to the already contentious reconstitution process amid preparations for upcoming elections.

The Azimio la Umoja-One Kenya Coalition is embroiled in disputes over the rightful representative for small parties on the IEBC selection panel.

Although Wiper leader Kalonzo Musyoka supports Ambassador Koki Muli for the role, the National Labour Party (NLP) maintains its candidate, Augustus Kyalo, was duly elected in July.

President William Ruto, National Assembly Speaker Moses Wetangula, Prime Minister Raila Odinga and ousted DP Rigathi Gachagua head to address the media at KICC, Nairobi, on July 10, 2024, after Ruto signed into law the IEBC (Amendment) Bill, 2024. (Photo: PCS)

Last week, the High Court overturned a Political Parties Disputes Tribunal ruling that had affirmed Kyalo’s representation of smaller parties, following Azimio’s legal challenge to his nomination.

Political interests from both the ruling and opposition coalitions continue to fuel the disputes, as each faction seeks influence over the IEBC’s makeup, shaping the commission ahead of the 2027 elections.

The drawn-out wrangling has included court battles and objections from stakeholders who emphasise the need for a transparent and impartial process.

Amid this backdrop, international actors, including the United States, have encouraged Kenya to uphold democratic integrity in the IEBC's formation.

Last week, U.S. Ambassador to Kenya Meg Whitman warned of potential setbacks for democracy, saying, "The IEBC's ability to support democracy in Kenya is at risk without the recruitment of commissioners or parliamentary action to provide the IEBC with funding for voter registration, by-elections, and other activities."

The current selection framework under the Political Parties Liaison Committee (PPLC) allocates one seat each to the majority coalition, minority coalition, and non-parliamentary parties.

Evans Misati was chosen to represent non-parliamentary parties, Nicodemus Bore for the majority coalition, and Kyalo’s NLP won the minority coalition’s seat in a July election, defeating Ambassador Koki Muli.

Azimio’s efforts to replace Kyalo with Muli have escalated the legal battles surrounding the selection process.

Under the PSC, Nelson Makanda and Fatuma Saman, previous selection panel members, were retained by the Inter-Religious Council, with Tanui Andrew Kipkoech chosen by the Institute of Certified Public Accountants of Kenya.

The Law Society of Kenya and the PSC also have reserved slots.

Last Monday, the Registrar of Political Parties, Anne Nderitu, wrote to Azimio Secretary-General Junet Mohamed, urging NLP's inclusion in the nomination process following complaints from NLP Secretary-General Omondi K’Oyoo about alleged marginalisation attempts against the party.

The pathway to reconstituting the IEBC now remains mired in political and legal disputes with no clear resolution.