January 24, Nairobi — In a landmark ruling that could expedite the reconstitution of the Independent Electoral and Boundaries Commission (IEBC), the High Court on Friday authorized Parliament to forward the names of nine IEBC selection panel members to President William Ruto for formal appointment.
Justice Dola Chepkwony dismissed claims of non-inclusivity in the panel’s composition, ruling that there was no evidence of discrimination against persons living with disabilities (PWDs) or violations of gender and regional balance requirements.
“Having established that the petitioner has not proven any constitutional or statutory violations, the prayers to quash the list are not merited. This petition is therefore dismissed,” stated Justice Chepkwony.
The court also rejected a separate challenge involving the nomination process of Azimio la Umoja, citing insufficient evidence to substantiate claims of non-competitive recruitment. The judge further noted that Azimio was not formally enjoined in the case, weakening the petition.
IEBC Selection Panel Composition and Role
The ruling enables the formalization of the nine-member panel, as stipulated in the IEBC Bill 2024. The panel will comprise representatives from the Political Parties Liaison Committee, the Inter-Religious Council, the Institute of Certified Public Accountants of Kenya, the Law Society of Kenya, and the Parliamentary Service Commission. Proposed members include Evans Misati, Nicodemus Bore, Augustus Muli, Dr. Nelson Makanda, Fatuma Saman, and Tanui Andrew Kipkoech.
Legal delays had previously stalled the panel’s formation since October 2024, following a High Court injunction issued over alleged constitutional violations in the nomination process. The panel will now proceed with selecting new IEBC commissioners within 90 days, ensuring timely preparations for the 2027 General Election.
Stakeholders Call for Urgency
Political leaders have emphasized the importance of reconstituting the IEBC to safeguard electoral integrity. Wiper Party leader Kalonzo Musyoka urged President Ruto to expedite the process, noting the urgency of addressing pending tasks such as boundary delimitation and overdue by-elections.
“We demand that President William Ruto move with speed to establish the nine-person IEBC Selection Panel, paving the way for the reconstitution of the IEBC,” Kalonzo said.
This development sets the stage for transparent and efficient electoral processes, reaffirming the judiciary’s commitment to upholding constitutional principles ahead of Kenya’s next polls.
