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Kiambu High Court backs IEBC selection panel

In a landmark ruling, the Kiambu High Court has upheld the Independent Electoral and Boundaries Commission (IEBC) selection panel, allowing its nominees to proceed to President William Ruto for appointment.

Justice Dola Chepkwony rejected allegations that the panel lacked ethnic, gender, or regional balance, citing a lack of compelling evidence for such claims.

While the court acknowledged the importance of inclusivity, it clarified that there is no requirement for strict ethnic quotas. Justice Chepkwony affirmed that the panel’s composition is acceptable when viewed through the lens of broader diversity. The court also dismissed a petition challenging the nomination process by the Azimio la Umoja coalition, noting that the coalition did not have formal involvement in the case.

This ruling is a crucial step towards appointing new electoral commissioners. On January 24, Justice Chepkwony reiterated that there was no evidence indicating the exclusion of persons living with disabilities or that gender and regional balance standards were not met. Despite arguments that the selection featured nominees from only two ethnic groups, the court determined this alone was not sufficient to invalidate the process.

Justice Chepkwony emphasized that the principle of inclusiveness, as stated in Article 10 of the Constitution, requires diversity in the nomination process but does not mandate a rigid formula for ethnic representation. She explained that the existing statutory framework allows for a specific number of seats and distinct nominating bodies.

“While inclusivity is mandatory, it does not necessarily translate into a formulaic representation for all of Kenya’s ethnic communities, especially where the statutory framework contemplates a specific number of seats and distinct nominating bodies,” she stated.

The selected panel comprises notable individuals including Nelson Makanda, Fatuma Saman, Evans Masati, Nicodemus Kipchirchir, Andrew Tanui Kipkoech, Caroline Kituku, and Linda Koome. This ruling marks a significant development in the electoral process, enabling the IEBC to continue its critical role in overseeing elections in the country.

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