Court directs Azimio to nominate another candidate to IEBC selection panel
By Lucy Mumbi |
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.
The High Court has given the Azimio La Umoja One Kenya coalition until Thursday, October 24, 2024, at 3 pm to nominate a new representative to the Independent Electoral and Boundaries Commission (IEBC) Selection Panel.
The ruling follows a legal challenge that saw the previous nominee, Dr. Augustus Kyalo Muli, disqualified from the role.
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On Tuesday, High Court Judge Janet Mulwa ruled that Muli, 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 ruling was part of two appeals that were consolidated and heard together at the Nairobi Milimani Law Courts.
The appeals were filed after a Political Parties Tribunal (PPDT) judgment was delivered on September 18, 2024, which allowed Muli to be cleared by the Azimio Coalition.
The appeals were led by Amb. Koki Muli Grignon and the Azimio Coalition as appellants, with Dr. Augustus Kyalo Muli being the first respondent.
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.
The court also ordered that Azimio must bear the costs incurred by Muli, who had spent money during his clearance process. Azimio is expected to reimburse him fully.
“These costs shall be borne by the Azimio Coalition,” Justice Mulwa said.
The court further directed that a fresh election must be held to select a new Minority Coalition representative for the IEBC Selection Panel. This election must be done in strict compliance with the IEBC (Amendment) Act 2024, specifically Sections 2(B) and 2(C) of the First Schedule.
The coalition has been given a 48-hour deadline from the date of the ruling to complete the process, which means a new nominee must be submitted not later than 3 pm on Thursday, October 24, 2024.
Justice Mulwa's ruling came after examining the consolidated appeals, which involved multiple parties, including the Political Parties Liaison Committee and the Clerk to the Senate. The appeals aimed to resolve issues related to Muli’s eligibility and the proper procedure for selecting IEBC panel representatives.
President William Ruto signed the IEBC Bill into law 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.
However, the nomination process for the IEBC selection panel, which is responsible for selecting these commissioners, has been thrown into turmoil, causing delays in moving the process forward.
National Assembly Speaker Moses Wetang'ula had called for the quick reconstitution of the electoral commission, urging those hindering the process to reconsider their position.
Wetang'ula emphasised the need to move forward with the appointment of commissioners, stressing that any delays could impact preparations for the 2027 general election.
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