Hope as house team approves IEBC nominees

A parliamentary committee has approved Independent Electoral and Boundaries Commission nominees, giving hope for establishment of a new electoral body.

Members of the National Assembly are now set to debate the report by the Justice and Legal Affairs Committee, which was tabled by chairman and Tharaka MP George Gitonga. 

While giving a notice of motion, Murugara said the committee approved all seven nominees on Saturday last week.

“Pursuant to the provision of Article 252B of the constitution, this house approves appointment of Erastus Ethekon as the next IEBC chairperson, Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo and Fahima Abdalla as members of the commission,” Murugara moved.

The seven were appointed by President William Ruto.

The High Court has, however, barred the gazettement and appointment of the new team until a case challenging their selection is heard and determined. The House will pass the report as is, with amendments or reject it in its entirety.

The vetting of the incoming electoral commission’ chiefs was stalled by a court case filed by three petitioners who argued that the list was not fairly balanced.

But the courts ruled that MPs could proceed with the vetting, in as much as the appointing authority has to wait for court nod to gazette and subsequently swear in the nominees.

Justice Lawrence Mugambi, who presided over the case on Thursday last week, ruled that while Parliament could continue with the vetting, the appointments cannot be finalised until the court resolves key constitutional questions.

The decision followed a petition filed by activists Boniface Mwangi and Kelvin Omondi, who challenged the legality of the selection process.

MPs had protested the court gag, insisting that Parliament cannot be stopped from considering appointments, or any business, which is still under processing.

In a heated debate last week, lawmakers led by Speaker Moses Wetang'ula said, "Let it be underscored that nobody under any law or constitutional provision has the authority to bar or injunct Parliament from executing its mandate."

"We firmly discourage and shall not condone any institutional overreach by one arm of government into the domain of another, particularly on matters where the law, the constitution and moral reasoning are abundantly clear."

There are fears that many electoral processes are set to suffer ahead of the 2027 elections without an electoral body in place.

Already, six constituencies, one county and several wards are without representatives due to the long vacancies in the electoral body.

Some of the constituencies awaiting by-elections are Banisa, Kasipul, Magarini, Ugunja, Malava and Mbeere North.