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IEBC reconstitution stalled again as new court challenge emerges

Teresiah Ngio by Teresiah Ngio
September 23, 2024
in News
Reading Time: 2 mins read

The appointment of the Independent Electoral and Boundaries Commission (IEBC) selection panel has been delayed again following a new legal challenge filed against the Political Parties Disputes Tribunal ruling.

The tribunal had declared Augustus Kyalo Muli as the legitimate representative of small parties on the IEBC selection panel, sparking a dispute that could further disrupt the reconstitution of the electoral body ahead of the 2027 general election.

Ambassador Koki Muli filed the case, which is set for mention on Thursday, September 26, before Lady Justice Janet Mulwa. In her petition, Ambassador Muli argues that the tribunal denied her the right to be heard and lacked the jurisdiction to decide the matter under the Political Parties Act. She also claims the tribunal’s decision violated the two-thirds gender rule and improperly chose a representative for the Azimio la Umoja coalition, infringing on the coalition’s right to select its nominee.

“We must uphold the rule of law and the principles of justice. The tribunal’s decision was made without my input and disregards the rights of Azimio la Umoja to determine its representation,” Ambassador Muli stated.

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In response, Augustus Kyalo Muli criticized the new suit, calling it an act of impunity aimed at destabilizing the electoral process. “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,” he declared.

The ongoing legal tussle comes over two months after President William Ruto signed the IEBC Bill into law, paving the way for the reconstitution of the electoral body through the appointment of new commissioners and a chairperson. However, the nomination process for the IEBC selection panel, which is responsible for recruiting these officials, has been thrown into disarray by the legal disputes.

National Assembly Speaker Moses Wetangula recently called for the swift reconstitution of the IEBC, urging those obstructing the process to reconsider their stance. “It is crucial to have a fully functional IEBC as we prepare for future elections. We must resolve these issues promptly,” he said.

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