Attorney General Dorcas Oduor has urged the High Court to dismiss a petition challenging the appointment of Adams Oloo to the selection panel responsible for recruiting new Independent Electoral and Boundaries Commission (IEBC) commissioners.
Oduor argues that the petition, filed by city lawyer Apollo Mboya, lacks merit and presents no concrete evidence that Oloo is unfit for the role. She warns that granting the orders sought would have “far-reaching and undesirable consequences,” and describes the petition as an abuse of the judicial process.
Oloo, who has been at the center of the controversy, has also moved to court to have the case dismissed. He refutes allegations that he was serving as an adviser to President William Ruto at the time of his appointment, a key claim in Mboya’s petition. The lawyer contends that Oloo’s prior role as a presidential adviser makes him ineligible for the selection panel, arguing it compromises the impartiality required for the job.
However, Oloo maintains that he ceased to be a member of the President’s Council of Economic Advisers on January 24—three days before his appointment to the selection panel. In his affidavit, he states that Mboya’s petition, filed on February 4, is based on “non-existent and misconceived allegations” intended to derail the IEBC selection process.
“The petition is brought with ulterior motives to frustrate the recruitment of new commissioners at a critical moment,” Oloo asserts, emphasizing that further delays could push the country into political instability.
As the IEBC remains without a fully constituted commission, concerns have been raised over its ability to oversee upcoming electoral processes. The selection panel plays a crucial role in ensuring a fair and transparent hiring process for new commissioners, making the ongoing legal battle even more significant.
Judge Chacha Mwita has directed the involved parties to exchange pleadings within ten days, after which he will issue further directions on March 5.
With the legal showdown intensifying, the outcome of this case will determine the fate of the selection panel and the process of appointing new IEBC commissioners—an issue that carries significant implications for Kenya’s electoral integrity.