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The High Court on Friday, January 24, 2025, delivered a significant ruling that allowed the list of nominees for the Independent Electoral and Boundaries Commission (IEBC) selection panel to proceed to President William Ruto for formal appointment. The decision marked a critical step toward constituting a team to oversee the selection of new IEBC commissioners.
In his judgment, Justice Dola Chepkwony dismissed allegations of non-inclusivity in the selection panel. He stated that there was no compelling evidence to suggest that individuals living with disabilities were excluded or that the panel failed to meet constitutional requirements on gender and regional balance. This ruling came after concerns were raised by some groups questioning the fairness of the selection process.
The court also addressed a separate petition challenging Azimio la Umoja’s nomination process for the panel. The petitioners had argued that the coalition did not conduct a competitive and transparent recruitment exercise. However, Justice Chepkwony ruled that the claims lacked merit, noting that Azimio was not formally enjoined in the case and the allegations were unsubstantiated.
The ruling has cleared the way for the IEBC selection panel to begin its mandate, a crucial task as Kenya moves closer to its next General Election in 2027. The new commissioners are expected to play a pivotal role in overseeing an election that is already stirring political activity and reshaping alliances among key leaders.
The IEBC, a constitutional body tasked with managing elections in Kenya, has faced criticism in the past over issues of transparency and impartiality. Following the departure of the previous commissioners, there has been mounting pressure to ensure that the new team is constituted through a credible and inclusive process.
This decision by the High Court comes at a time when political temperatures in the country are on the rise, with major realignments unfolding ahead of the election. Observers see the ruling as a step toward stabilizing the electoral process and rebuilding public confidence in the institution.
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