IEBC reconstitution in limbo as political infighting, court processes persist

Security officers cordon center stage of the auditorium at the National Tallying centre, Bomas of Kenya. [Jonah Onyango, Standard]

The wait for reconstitution of the Independent Electoral and Boundaries Commission selection panel persists even as the infighting within the Azimio Coalition puts the process in Limbo.

Residents of Banisa, Magarini and Ugunja constituencies also remain without representation in Parliament as the clock towards the 2027 General election ticks away.

A month after the names of the nine nominees from the five bodies as mandated by the electoral law were forwarded to parliament for approval, the process was suspended after the MPs proceeded for recess on August 15.

But even with the matter expected to be top on the in-tray of MPs as they resume plenary in a week’s time, the House will still have to contend with orders by the Political Parties Disputes Tribunal (PPDT) barring it from forwarding names of persons nominated to the selection panel.

Last month, the PPDT granted the orders to Augustus Muli after Azimio coalition party sought to replace him from the list presented by political parties.

PPDT Vice chairperson Wilfred Mutubwa certified the application by the leader of National Liberal Party as urgent.

“In the interim, prayers number two and three of the application dated July 31, are hereby granted pending inter-parties hearing of the application,” read the orders.

Augustus moved to PPDT following attempts by the Azimio Coalition to delist him from his nomination to the panel and in his place install Koki Muli of Wiper party as the nominee for the parliamentary party under the political parties liaison committee.

Earlier, the Political Parties Liaison Committee had written to PSC nominating its chairman Evans Misati, Nicodemus Bore of the United Democratic Alliance (UDA) and Augustus as its representatives. Azimio would however recommend for the removal of Augustus arguing that the list needed gender balance and that his name should be dropped given that he failed the party’s vetting.

“The coalition resolved to nominate Koki Muli from Wiper Democratic Movement as the most suitable and competent nominee and formally submitted her name to the registrar of political parties for onward transmission to the PPLC for endorsement,” said Azimio secretary general Junet Mohamed.

“The nominee elected to represent the Azimio coalition was rejected by the coalition for lacking the requisite qualifications and credentials,” he added.

And in his prayers to the Tribunal, Augustus sought that Azimio be stopped from forwarding nominees to PSC – and ultimately to the President, without his name pending the hearing and determination of the complaint.

He also sought to have the court stop the Parliamentary Service Commission from forwarding the names of the nominees to the President for appointment of the IEBC selection panel. Augustus further prayed that the commission be stopped from swearing in or gazetting Koki Muli as a member of the IEBC hiring team.

On the flipside, Parliament has in the recent past moved to court seeking to quash the order by PPDT blocking it from forwarding the names of the nominees to President William Ruto albeit without much success.

Clerk of the Senate Jeremiah Nyegenye moved to court in August seeking to suspend the order. Nyegenye, who is also the secretary of the Parliamentary Service Commission (PSC) said in the petition that there are strict timelines to be followed in the process of appointing the chairman and commissioners of the Independent Electoral and Boundaries Commission (IEBC).

His argument centered around the fact that PPDT blocked the presentation of names of nominees appointed by other bodies and whose nominations have not been disputed. Ngegenye was also concerned that the orders would interfere with the timelines set by the IEBC (Amendment) Act 2024 and risk a constitutional crisis.

“Time is therefore of the essence and the orders of the 1st respondent (tribunal) prohibiting the applicant from submitting the names of the nominees including those that are not under the jurisdiction of the 1st respondent and not varying or set them aside despite the applicant having brought it to the attention shall affect the strict statutory timelines,” he said.

The Clerk was further concerned that the order affects all nine nominees to the selection panel nominated by PSC, Political Parties Liaison Committee, Law Society of Kenya, Institute of Certified Public Accountants of Kenya and Inter-Religious Council of Kenya.

“The orders are punitive and seek to prejudice the appointment of the selection panel of six of the nine nominees to the panel, who are not covered by the jurisdiction of the tribunal,” he stated.

High Court judge Jairus Ngaah, however, directed the case be mentioned on September 30, 2024 to allow for PPDT to hear the matter on August 15 and also for purposes of taking directions on the hearing.

This means that the timelines replacing Wafula Chebukati at IEBC as well as other Commissioners be further kicked down the road as the political class sustains its infighting.

Key tasks that await the Commission include by elections in Banisa which has remained without an MP for close to 18 months now following the death of Kullow Hassan in March 2023. Ugunka is also due for a by-election following the appointment of Opiyo Wandayi to the Energy CS docket.

Magarini Constituency has also remained vacant since March 2024 after the Supreme Court nullified the August 9, 2022 election of Harrison Kombe.

Another key issue is the over-due boundaries review process.