High Court Judge Chacha Mwita is set to deliver a verdict in October on a petition challenging the appointment of Prof. Adams Oloo to the Independent Electoral and Boundaries Commission (IEBC) Selection Panel. The case, brought forth by Senior Counsel Apollo Mboya, questions the legality of Oloo’s appointment, citing conflict of interest concerns.
During court proceedings on Friday, Prof. Oloo, through his legal counsel, argued that the petition lacks merit and should be dismissed. The defense contended that Oloo had already resigned from any conflicting roles, and the petitioner failed to provide substantial evidence to support his claims.
However, Mboya maintained that Oloo’s appointment should be revoked. “There is a conflict of interest as he is serving two positions at the presidency while also being a member of the selection panel representing the legislature,” he argued. He emphasized that holding positions in both the executive and a key electoral body compromises the integrity of the selection process.
Prof. Oloo has consistently dismissed calls for his resignation since his swearing-in on January 27. He was appointed alongside Kiome Lindah Gakii, James Evans Misati, Nicodemus Kipchirchir Bore, Amb Koki Muli Grignon, and Carolene Kituku to oversee the recruitment of nominees for the appointment of the IEBC chairperson and members.
In his defense, Oloo cited his resignation from President William Ruto’s Council of Economic Advisors before assuming the IEBC selection panel role. His first appointment as an advisor took place on December 20, 2024. Following his nomination to the selection panel by the Public Service Commission (PSC), he formally resigned from his advisory role via a letter dated January 24, 2025.
Oloo stated that he consulted President Ruto before making his final decision. In his resignation letter, he expressed his commitment to ensuring a credible electoral body, saying, “My priority is to get the IEBC right,” underscoring his belief in safeguarding Kenya’s democracy.
With the court set to deliver its ruling in October, the case continues to stir debate on the balance between political appointments and institutional independence in Kenya’s governance framework.
