IEBC selection panel faces impartiality scrutiny over closeness to Ruto, Raila

Kenyans on Monday subjected President William Ruto's freshly appointed members of the Independent Electoral and Boundaries Commission(IEBC) selection panel to scrutiny on their ability to be impartial, in a fresh storm that may attract legal moves.

Ruto has appointed Prof Adams Oloo, Dr Nelson Makanda, Fatuma Saman, Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Carolene Kituku and Linda Kiome Gakii as members of the selection panel tasked with recruiting nominees for the positions of chairperson and members of the IEBC.

However, Kenyans on various social media platforms have raised concern about their closeness to Ruto and opposition leader Raila Odinga.

For instance, they pointed out that the president had last year named Prof Oloo as his strategy and communication adviser.

Oloo was in the team that brokered a truce between President Ruto and the ODM leader, leading to opposition politicians joining the Kenya Kwanza Cabinet.

Oloo has been Odinga's adviser for many years and played important roles in his presidential campaigns. He also served on the National Dialogue Committee technical team.

Posting on X, a Kenyan by the name of Asamoah raised the issue of Oloo's appointment, questioning whether he will face credibility issues in his new role.

"Prof Adams Oloo was appointed as advisor to President Ruto. Today he is in gazette notice to participate in the appointment of IEBC commissioners who will oversee 2027 elections where Ruto is a candidate. Does it raise credibility issues?" asked Asamoah.

Another user called Ike Ojuku, questioned if there were no other suitable candidates for the positions.

"Prof Adams Oloo is already serving as President Wiliam Ruto's adviser. Is this not a conflict of interest? Are there no other Kenyans who can serve on the IEBC selection panel?"

In the case of Linda Kiome, queries were raised on her suitability because of her joint candidature for the Meru gubernatorial bid alongside former Cabinet Secretary Mithika Linturi in the last General Election.

In the 2022 election, Linturi named the youthful female lawyer as his running mate in the gubernatorial race pitting him against Kiraitu Murungi and Kawira Mwangaza. Kiome is an advocate of the High Court.

According to Ammar Kassim, the panel which will hire the commissioners for the electoral agency is likely to look like the Ruto-led United Democratic Alliance Party board because it includes politicians allied with him.

"Ruto appoints Linda Kiome to lead the nine-member IEBC selection panel. That IEBC commission will look like the UDA election board," he noted.

In a gazette notice dated January 27, 2025, the President revoked the appointment of members of the panel who were earlier appointed in 2023.

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This came amid pressure for Ruto to urgently establish the IEBC selection panel, with claims that he was interfering with independent institutions and stalling reforms.

"On Monday, we hope to come up with a very clear statement about what is going on. In the meantime, within the IEBC Secretariat itself, there are terrible things going on, like procurement. They are testing the grounds," Wiper Party leader Kalonzo Musyoka said over the weekend.

Jubilee Secretary-General Jeremiah Kioni argued that setting up an IEBC on time would see Kalonzo take the presidency come 2027.

DAP-Kenya Party Leader Eugene Wamalwa on his part slammed the government for the delay in reconstituting the IEBC, almost three years since the current administration assumed power.

The High Court on Friday paved the way for President Ruto to appoint the panel after a petition challenging the constitution was thrown out.

Kiambu High Court dismissed a petition challenging the constitution of the panel on grounds that the petitioner, Bonface Njogu, had failed to prove that persons living with disabilities had been excluded.

Justice Dola Chepkwony also dismissed a petition challenging Azimio's nomination process, saying the claim that the coalition failed to conduct a competitive and open recruitment exercise could not be substantiated.