Tribunal blocks Azimio's bid to change IEBC hiring panel nominee

A tribunal has barred Parliament from replacing any nominees to the IEBC hiring panel submitted by the Political Parties Liaison Committee (PPLC).

This ruling came after the Azimio la Umoja coalition attempted to alter the list by removing one of the original nominees.

On Tuesday, the Political Parties Disputes Tribunal issued an order preventing Parliament from forwarding any names to President William Ruto, apart from the list originally submitted by the liaison committee.

The tribunal quashed any attempts to change the list, specifically ensuring the inclusion of Augustus Muli, who had sued after Azimio sought to replace him.

Muli, a nominee from the National Liberal Party, moved to the court after Azimio tried to substitute him with Koki Muli from the Wiper Party.

This change was made despite the committee nominating Evans Misati (Chairman), Nicodemus Bore (United Democratic Alliance party), and Muli as its representatives.

Azimio argued that the list should include at least one woman and further claimed Muli had failed the party's vetting process.

Junet Mohamed, Azimio's Secretary General, justified the removal by stating, "The nominee elected to represent the Azimio coalition was rejected by the coalition for lacking the requisite qualifications and credentials."

Following these events, Muli petitioned the tribunal to stop Azimio from sending any other list to the Parliamentary Service Commission (PSC), without his name included.

He also requested that the PSC be blocked from forwarding the names to President Ruto, which would result in the formation of the IEBC selection panel.

President William Ruto, National Assembly Speaker Moses Wetangula, Prime Minister Raila Odinga and 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)

The tribunal ruled in Muli's favour, confirming that he was legitimately elected by the PPLC as their representative.

"The first respondent (PSC) is hereby restrained from replacing any names from the PPLC plenary elections," the court declared.

This ruling was delivered virtually on Tuesday, with the tribunal rejecting all objections raised by the respondents.

President Ruto is expected to establish the selection panel that will appoint the next chairperson and commissioners for the Independent Electoral and Boundaries Commission (IEBC).

The panel will consist of nine members, with representatives from various bodies. Among the nominees already submitted are Andrew Tanui, chosen by ICPAK, and Nelson Makanda (Evangelical Alliance of Kenya) alongside Fatma Saman (National Muslim Leaders Forum), both nominated by the Inter-religious Council.

However, the nominees from the Law Society of Kenya (LSK) and the PSC are yet to be revealed.

The PSC is responsible for nominating two people, while three will come from the political parties liaison committee.

Azimio is entitled to one of the PPLC slots, with the other two allocated to UDA and a non-parliamentary party, the latter being represented by Muli.

ODM leader 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)

In his petition, Muli argued that Koki Muli lost the election held by the PPLC on July 26, 2024, where he secured 16 votes compared to Koki's seven.

He stated that Azimio had no right to replace his name after he had won fairly.

The Registrar of Political Parties provided a membership register for the PPLC members who participated in the vote.

PSC had raised concerns over the two-thirds gender rule in a letter dated July 29, 2024, but the PPLC explained that the selection process was competitive and there was no framework to ensure gender compliance.

According to the law, no more than two-thirds of the IEBC panel nominees can be of the same gender.

Delays in forming the IEBC selection panel, responsible for appointing replacements for former chairman Wafula Chebukati and other commissioners, have stalled the process.

The deadline for submitting nominations to the PSC passed on July 29.

Without IEBC commissioners, the commission’s secretariat is unable to perform essential tasks like conducting byelections or reviewing electoral boundaries, leaving critical functions at a standstill.