News Break
In a significant ruling, the Kiambu High Court has favored the Independent Electoral and Boundaries Commission (IEBC) selection panel, allowing its list of nominees to advance to President William Ruto for appointment. Justice Dola Chepkwony dismissed allegations regarding the panel’s lack of ethnic, gender, or regional balance, citing insufficient evidence to support such claims.
The court emphasized that while inclusivity is essential, it does not necessitate strict ethnic quotas. Justice Chepkwony highlighted that the panel’s composition is acceptable based on broader diversity considerations. Additionally, a petition challenging the nomination process of the Azimio la Umoja coalition was also dismissed due to the coalition’s lack of formal involvement in the case.
This landmark decision is a pivotal step in the selection of new electoral commissioners. On January 24, Justice Chepkwony reiterated that there was no evidence to suggest that persons living with disabilities were excluded or that the panel failed to meet gender and regional balance standards. Although some argued that the selection included nominees from only two specific ethnic groups, the court ruled that this alone was insufficient to invalidate the entire process.
Justice Chepkwony clarified that the principle of inclusiveness, as outlined in Article 10 of the Constitution, mandates diversity in the selection of nominees for the IEBC panel. However, she noted that this does not require a rigid formula for representing every ethnic community, particularly given the statutory framework that guides the selection process.
“While inclusivity is mandatory, it does not necessarily translate into a formulaic representation for all of Kenya’s ethnic communities, especially where the statutory framework contemplates a specific number of seats and distinct nominating bodies,” Justice Chepkwony explained.
The selection panel includes notable figures such as Nelson Makanda, Fatuma Saman, Evans Masati, Nicodemus Kipchirchir, Andrew Tanui Kipkoech, Caroline Kituku, and Linda Koome. This ruling signals a crucial advancement in the electoral process, positioning the IEBC for continued governance and oversight of elections in the country.
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