BY SAM ALFAN.
The High Court has certified as urgent a petition by Busia Senator Okiyah Omtatah seeking to stop the process for the recruitment of commissioners of the Independent Electoral and Boundaries Commission (IEBC).
Judge Mugure Thande then directed the Omtatah to serve the court documents on all parties by Thursday evening awaiting further directions.
Omtatah has further sought to block the use of the Independent Electoral and Boundaries Commission (Amendment) Act, No. 1 of 2023, which was assented to on 23rd January 2023 and commenced on 6th February, 2023.
The legislator says the law should not be used in the recruitment and appointment of the IEBC commissioners and the court should quash any and all acts done, using the said law.
“I urge this Court to intercept and annul the goings on above because they are founded on the Independent Electoral and Boundaries Commission (Amendment) Act, 2023 which is a void law that the Petition attached hereto seeks to invalidate in its entirety,” pleads Omtatah.
The Busia senator says the Act is unconstitutional and, therefore, invalid and void law because the Senate without considering the Report of the Senate’s Standing Committee on Justice, Legal Affairs and Human Rights (hereinafter, “the Report”), which had proposed amendments to the bill after subjecting it to public participation.
The Busia politician further seeks a declaration that the Speaker of the Senate ought to have but failed to reject the purported withdrawal of the Report since it was already the property of the House.
“A declaration that, by assenting to the Bill as passed, the President, failed in his obligations under Article 115(1) & (2) of the Constitution to refer the Bill back to Parliament for reconsideration by Parliament after satisfying himself that The Independent Electoral and Boundaries Commission (Amendment) Bill 2022 (National Assembly Bills No. 49 of 2022) was not enacted in accordance with the Constitution,” seeks Omtatah.
Omtatah adds that the Act provides for the composition of the Selection Panel for the recruitment of nominees for appointment as the chairperson and members of the IEBC.
The seven-member Selection Panel is made up of two persons – a man and a woman – from the Parliamentary Service Commission; one person each nominated by the Public Service Commission, the Political Parties Liaison Committee, and the Law Society of Kenya; and two other people nominated by the Inter-Religious Council of Kenya.
He that after the Act came into force, the President of Kenya, vide Gazette Notice No. 1901 of 14th February 2023, declared one (1) vacancy in the positions of Chairperson and five (5) vacancies for the position of the IEBC) and later, vide Gazette Notice No. 2641 of 27th February, 2023 the President appointed seven persons to be members of the Selection Panel.
They include Bethuel Sugut and Novince Euralia Atieno ( nominated by Parliamentary Service Commission (PSC), Charity S. Kisotu (being the one person nominated by the Public Service Commission), Evans Misati James (Political parties liaison committee), Benson Ngugi Njeri (Law Society of Kenya) and Nelson Makanda (Dr.) & Fatuma Saman ( nominated by the Inter-Religious Council of Kenya).
President Ruto later declared the remaining one vacancy for the position of member of the IEBC and the Panel published advertisements in the local dailies.
According to Omtatah, through the said advertisements, the Selection Panel gave Kenyans until 28th March 2023 to submit their applications for the posts.
The Panel immediately started the long listing of applicants and the shortlisting candidates, which was to end by 2nd March 2023.
Thereafter, the Panel will publish the lists and the venue and the dates for interviewing the shortlisted candidates.
