Legal Challenge Delays IEBC Selection Panel Appointment Amid Political Tensions

The appointment of the Independent Electoral and Boundaries Commission (IEBC) selection panel, a key body responsible for recruiting commissioners ahead of the 2027 general elections, has hit another roadblock following the filing of a fresh legal case. The case challenges a ruling made by the Political Parties Disputes Tribunal (PPDT), which had declared Augustus Kyalo Muli as the legitimate representative of small parties on the IEBC selection panel. This development comes at a critical juncture, with political parties jostling for influence within the IEBC, an institution at the heart of Kenya’s electoral integrity.

Ambassador Koki Muli, a key player in the case, has filed the legal challenge, which is set to be mentioned on Thursday, September 26, before Lady Justice Janet Mulwa. This case threatens to further delay the reconstitution of the electoral body, which is crucial for the 2027 elections. The delay is exacerbated by the ongoing dispute over the representation of small parties on the selection panel. Augustus Kyalo Muli, leader of the National Liberal Party, had been confirmed by the PPDT as the legitimate representative, a ruling that is now under contest by Ambassador Muli and the Azimio la Umoja coalition.

The new legal challenge raises significant issues about the PPDT’s handling of the case. Ambassador Muli and Azimio la Umoja argue that the tribunal failed to provide her with the opportunity to be heard, an essential principle of natural justice. Additionally, they question the tribunal’s jurisdiction, asserting that it had no authority under the Political Parties Act to adjudicate the matter. The appellants further contend that the tribunal selected an inappropriate representative for Azimio la Umoja and failed to uphold the two-thirds gender rule, which is mandated by the constitution in matters of public representation.

The Azimio la Umoja coalition has voiced strong objections to Augustus Kyalo Muli’s nomination, accusing the PPDT of infringing on the coalition’s right to select its own nominee for the IEBC selection panel. In their view, the tribunal overstepped its authority and interfered with the internal processes of the political alliance. The controversy over Muli’s nomination also highlights deeper issues surrounding the representation of smaller parties within the coalition, with some smaller parties expressing dissatisfaction with their treatment in Azimio la Umoja.

In response to the legal challenge, Augustus Kyalo Muli has dismissed the suit as an act of impunity and an attempt to disrupt the electoral body’s reconstitution process. Speaking publicly, Muli emphasized his commitment to justice and accused Azimio of trying to divide the IEBC for political gain. “What we are seeing here is impunity. The court has already pronounced itself. Do we want a divided IEBC? Azimio has a significant role in this. I stand for justice,” Muli stated. He further announced that his party, the National Liberal Party, will lead 15 smaller parties in withdrawing from the Azimio la Umoja coalition, indicating growing fractures within the alliance.

The timing of this legal battle could not be more critical. Over two months ago, President William Ruto assented to the IEBC Bill, laying the groundwork for the reconstitution of the electoral body through the appointment of new commissioners and a chairperson. These appointments are essential in ensuring the IEBC is fully operational well before the 2027 general elections. However, the process has been derailed by the ongoing disputes surrounding the selection panel, leaving the IEBC in a state of limbo.

The growing political tensions were underscored last week when National Assembly Speaker Moses Wetangula called for the swift reconstitution of the IEBC. Wetangula urged political leaders and parties obstructing the process to reconsider their actions, emphasizing the importance of a functional electoral body ahead of the next election cycle. His call reflects the broader concerns among political leaders about the potential risks of a delayed reconstitution of the IEBC, particularly in terms of public confidence in the electoral process.

As the legal challenge unfolds, the IEBC’s selection panel continues to hang in the balance, with the potential for further delays looming large. The outcome of this case will not only determine the composition of the selection panel but could also have lasting implications for the unity of the Azimio la Umoja coalition and the broader political landscape in the run-up to the 2027 general elections. All eyes are now on the courts as Kenya’s political class grapples with the challenge of safeguarding the integrity of its electoral process.