The Kiambu High Court has dismissed a petition challenging the composition of the Independent Electoral and Boundaries Commission (IEBC) Selection Panel, clearing the way for President William Ruto to appoint the members. This ruling comes as a significant development in addressing the protracted delay in the constitution of the panel.
The petition, filed by Bonface Njogu, alleged that the selection process lacked inclusivity, particularly for persons living with disabilities, and failed to uphold regional and ethnic balance. Njogu argued that the list of nominees heavily favored individuals from one region, violating the principles of diversity enshrined in Article 10 of the Constitution. Justice Dola Chepkwony, however, ruled that the petitioner failed to substantiate these claims, stating that the panel’s composition complied with constitutional and statutory requirements.
In the same ruling, Justice Chepkwony also dismissed a petition challenging Azimio la Umoja’s nomination process for failing to prove a lack of transparency and competitiveness in the coalition’s selection. The decision now allows President Ruto to formally appoint the following panel members: Dr. Nelson Makanda, Fatuma Saman, Amb. Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Caroline Kituku, Prof. Adams Oloo, and Linda Koome.
The prolonged delay in forming the IEBC Selection Panel has drawn criticism from the opposition Azimio coalition and the public. Azimio leaders, including Wiper leader Kalonzo Musyoka and DAP-K’s Eugene Wamalwa, have accused the government of deliberately stalling the process to undermine democratic operations. The Orange Democratic Movement (ODM) highlighted how the delay disrupted crucial activities, including by-elections in Ugunja and Magarini and the clearance of a nominated Member of Parliament.
With the IEBC Selection Panel in place, the recruitment of seven commissioners to oversee electoral processes can now begin. This is critical, given that 11 constituencies are currently without representation in the National Assembly due to vacancies caused by deaths and Cabinet appointments.
The Constitution mandates that by-elections be held within 90 days of a vacancy, but the lack of a functioning electoral body has stalled this process, leaving affected areas without representation. The new appointments will allow the IEBC to address these gaps and facilitate the elections required to restore governance at both the national and county levels.
This ruling represents a step forward in reestablishing Kenya’s electoral framework, though questions of inclusivity and transparency will likely remain subjects of public discourse.
