BY SAM ALFAN.
Dr Augustus Kyalo Muli was duly elected to represent Azimio la Umoja Coalition for the selection panel of the Independent Electoral and Boundaries commission (IEBC), a tribunal has declared.
In a blow to Wiper Party leader Kalonzo Musyoka, Political parties Tribunal confirmed Dr. Muli was duly elected representative for the coalition.
The decision means that attempts by Kalonzo to replace Dr Muli with Koki Muli have been thwarted.
The tribunal’s vice chairman Dr. Wilfred Mutuba , members Gad Gathu and Theresa Chepkwony ruled that any list forwarded to President William Ruto for appointment to the panel, minus Dr Muli’s name is void.
“Considering all evidence and arguments presented , this Tribunal finds that Dr. Augustus Kyalo Muli, was validly elected to represent the minority party/coalition of parties on the IEBC selection panel,” ruled Tribunal.
The Tribunal found that Azimio la Umoja Coalition’s attempt to unilaterally replace him after the election process was unlawful and contravenes the principles of administrative action under Article 47 of the constitution.
The tribunal said Dr Muli was duly elected to represent the minority party or coalition of parties on the IEBC selection panel.
Whereas gender parity is an important consideration, the tribunal said it should be addressed through proper legal framework.
“These issues have far-reaching implications for the electoral system and democratic governance in Kenya,” noted the political parties Tribunal.
Further, the tibunal faulted Azimio’s attempt to unilaterally replace Dr. Muli with another candidate, stating that it raises serious concerns about the integrity of the process and the autonomy of constituent parties within a coalition.
Tribunal said decisions affecting constituent parties should be made in consultation and with due regard to the principle of public participation.
“We have held many times over (see for example Midiwo v ODM (2022) and Andiwo ODM that when people are invited to an election by universal suffrage without qualification as to gender or other considerations, it creates a legitimate expectation that the outcome, read winner, will be granted the office/benefit or station of his/her victory,” said Tribunal .
They said post-election boardroom changes to an election result are not only undemocratic, unconstitutional, but also set a bad precedent.
“Such conduct cannot be countenanced in a young and fragile democracy as ours whose 2010 constitutional democratic credentials have been built on the blood and lives of many of our forbearers,” added the tribunal.
Dr Muli challenged attempts to replace him.
He submitted that he was duly elected on July 26, 2024, at Kyaka Hotel in Machakos County to represent the minority party/coalition of parties on the IEBC selection panel.
He added that he won against Amb. Dr. Koki Muli Grignon in an election conducted by the Political Parties Liaison Committee (PPLC).
The election was held following a request from the Clerk to the Senate/Secretary Parliamentary Service Commission (1st Interested Party) dated July 16, 2024.
Notwithstanding the results of the election, the Azimio La Umoja One Kenya Coalition sought to replace the Complainant with Amb. Dr. Koki Muli Grignon, citing reasons of gender balance and alleged non-membership of a Parliamentary Political Party within the coalition.
