Opposition to move to court over IEBC hirings

Wiper leader Kalonzo Musyoka, People’s Liberation Party leader Martha Karua, DAP Kenya leader Eugene Wamalwa and lawyer Ndegwa Njiru at Serena Hotel yesterday /LEAH MUKANGAI

A major political row is looming over reconstitution of IEBC, with the opposition saying some of the shortlisted candidates are not impartial.

Wiper leader Kalonzo Musyoka, Martha Karua (People’s Liberation Party) and Eugene Wamalwa of DAP-K claimed some of the shortlisted applicants are known UDA and ODM operatives.

They also said they were not involved in the process, which is being used to “instal President William Ruto’s loyalists”.

“Quite a number of those who made it in the list have questionable credentials and clearly demonstrated partisan interests in UDA party and ODM. There are serious allegations of integrity and grave inherent conflict of interest,” Karua said yesterday.

“A number of the selected applicants are members of executive structures of UDA and ODM and have in the past three years, been beneficiaries of skewed public appointments from Mr Ruto and Mr Odinga.”

The leaders have specific issues with shortlisting of Joy Mdivo, who is the chairperson of the UDA Internal Dispute Resolution Committee and Katwa Kigen, who has represented Ruto in many legal cases. They also alleged the involvement of National Intelligence Service in the ongoing recruitment.

“We challenge the IEBC Selection Panel to categorically explain how Ms Midivo and Katwa Kigen were shortlisted and the role, if any, of the NIS in the process. We also urge the panel not to take part in any partisan actions that may pose an existential threat to the well-being of the people of Kenya by undermining electoral justice,” Karua said.

“The panel should only nominate persons who are beyond reproach and will carry out their functions in accordance with the constitution.”

Experts have warned that protracted dispute on the commission’s leadership could destabilise the country ahead of 2027 polls.

Observers fear that mistrust in the electoral body could erode confidence in the democratic process, potentially triggering unrest.

In 2007, then President Mwai Kibaki unilaterally appointed commissioners of the defunct Electoral Commission of Kenya–a move blamed for plunging the country into violence.

The National Dialogue Committee report, which is still pending in Parliament, suggested a robust consultation framework between the government and the opposition in the picking of commissioners.

The battle on the composition of the agency could undermine public confidence in the electoral process.

Speaking at SKM Centre on Tuesday, the opposition chiefs demanded to be involved in the ongoing process or move to court to stop the reconstitution plans.

“We are concerned that the Ruto regime is determined to control and direct the recruitment process of IEBC commissioners with the ultimate objective of capturing the electoral management body,” Karua said.

“We demand that the principle of consultation and concurrence be implemented before the final appointment of commissioners between Mr Ruto and Mr Odinga on one side and the opposition on the other, which reflects the country’s current political reality.”

“It should be underlined that we, the People’s Loyal Opposition, on behalf of Kenyans, will not tolerate this shabby attempt to rig the upcoming general election by appointing a biased IEBC through a clearly compromised recruitment procedure,” the PLP party leader said.

The opposition chiefs questioned the credibility of some of the nominees whom they claim are doing the bidding of Ruto and Raila.

Shortlisting of the candidates was carefully crafted to include allies of the two principals as part of the broader scheme to rig the 2027 elections, they claimed. The opposition threatened to move to court should the panel ignore their concerns and submit the names.

“We are ready to take the steps, we will not sit and watch,” Kalonzo warned.

The opposition’s legal team is reportedly preparing to file a petition to challenge the recruitment in the event they are not consulted.

Experts suggest the case could have far-reaching implications and scuttle the IEBC reconstitution process, despite pending elections in constituencies and wards.

These constituencies include Banisa, Magharini, Ugunja and Mbeere North, whose representative Geoffrey Ruku has been nominated to the Public Service docket. The leaders faulted the parties for raising political temperatures two years to elections.

“Following the unholy union of UDA and ODM, Ruto launched an aggressive campaign in Nairobi, accompanied by UDA and ODM officials,” the joint statement reads.

“The disruptive early campaigns featured marauding gangs who went on robbing and mugging sprees against unsuspecting Kenyans going about their everyday routine, under police protection.”