Parliament Approves IEBC Nominees Amid Ongoing Legal Challenge » Capital News

NAIROBI, Kenya, June 4 – The National Assembly has approved President William Ruto’s seven nominees to the Independent Electoral and Boundaries Commission (IEBC), marking a critical step toward reconstituting the electoral body, which has been without commissioners since January 2023.

Despite the unanimous endorsement, the nominees remain unable to assume office due to a High Court order issued on May 29.

The order barred their gazettement and swearing-in, following a petition filed by activists Boniface Mwangi and Kelvin Roy, who raised concerns about the transparency and constitutionality of the recruitment process.

The Justice and Legal Affairs Committee (JLAC), chaired by Tharaka MP George Murugara, tabled its report recommending the approval of Erastus Edung Ethekon as IEBC Chairperson, alongside commissioners Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah.

Murugara emphasized the committee’s rigorous vetting process, noting that all public objections submitted through memoranda, including those questioning Ethekon’s suitability over perceived associations with influential figures in the Kenya Kwanza administration were duly considered.

“Having evaluated these particular nominees, we did not hesitate to recommend that each of them be actually approved. Mr. Ethekon demonstrated knowledge in his area of specialty, which is law, and that he satisfies to be a judge of the Supreme Court, which is the requirement for his appointment,” Murugara said.

“He has more than 15 years of practice and he also has a lot of experience in other matters including conflict management, which I think is very important,” he added.

The Tharaka Nithi legislator reassured the House that despite the objections raised, none of the concerns met the threshold to disqualify any of the nominees.

“We looked at every one of them, we were satisfied that they suit the nominations given to them and we did not hesitate to approve all of them,” he explained.

Rarieda MP Otiende Amollo, who seconded the motion, underlined the transparency of the process and expressed confidence in the new team’s ability to deliver credible elections in 2027.

“We had a very robust vetting session, it was covered live in most of the stations. We posed to the nominees all the questions that had been raised by those who objected. It is their constitutional right to object. But we were satisfied that all the objections they had raised were sufficiently dealt with,” Amollo stated.

Majority Leader Kimani Ichung’wah condemned what he termed the politicization of the nomination process, specifically criticizing attacks on nominees based on their ethnic or regional origins. He accused certain opposition figures of using the appointments to stoke division and discredit the process.

“It was very inconsiderate to hear somebody who has held a high national office assert that Erastus, the nominee for chair, does not warrant to hold that position on account of where he comes from. It was sad that somebody can say because Erastus comes from a community that he perceives not to have adequate shares in his own analysis, that Ethekon does not deserve to chair this commission,” he said.

Ichung’wah also called on the Judiciary to take note of the country’s electoral timelines and constitutional timelines on issues surrounding boundary delimitation and expedite the pending litigation.

“I also want to speak to those who are in the Judiciary to be considerate of the circumstances that we are in, as a nation. Moving on to the nominees, it’s saddening that because of politics, a number of us out there had started demonizing some of these nominees largely on account of where they come from,” he noted.

Eldas MP Adan Keynan warned that excessive politicization of state processes could undermine national cohesion and affect the IEBC’s credibility even before the new commissioners take office.

“But we must speak as Kenyans. We have politicised literally everything in this country. Isn’t it high time that we think out of the box and be prepared to contribute to the continued peace, respect, stability, and tranquillity so that as a country we respect ourselves, we are respected regionally and continentally,” Keynan stated.

Tiaty MP Kassait Kamket criticized opposition efforts to delay the appointments, arguing that the country cannot afford further setbacks in electoral readiness. He stressed the importance of individual responsibility in the political process.

“One of the most important things in our election cycle is this thing called KIEMS and I want to tell all those lazy politicians who always want to blame the referee, it is important for any politician to understand that votes can only be found by hard work,” Kamket asserted.

The High Court’s conservatory orders will remain in effect until the constitutional petition is heard and determined. Chief Justice Martha Koome has since appointed a three-judge bench to preside over the case, placing a legal hold on the assumption of office by the seven IEBC nominees.