The Kiambu High Court, presided over by Justice Dola Chepkwony, has dismissed a petition filed by Bonface Njogu challenging the empanelment of the Independent Electoral and Boundaries Commission (IEBC) Selection Panel. The petition alleged a lack of inclusivity and regional balance in the selection process.

Petitioner’s Claims

Njogu claimed that the panel failed to include persons with disabilities, which he argued contravened constitutional and statutory obligations.

He further asserted that four nominees—Caroline Kituku, Amb. Dr. Koki Muli, Andrew Tanui Kipkoech, and Nicodemus Bore Kipchirchir—originated from the same region, violating Article 10 of the Constitution, which mandates inclusivity and equity.

Additionally, the petitioner contended that the Azimio One Kenya Coalition Party bypassed a competitive recruitment process and directly appointed its nominee, contrary to Section 2B of the First Schedule to the IEBC (Amendment) Act 2024.

Court’s Findings

According to Justice Chepkwony, the petitioner failed to provide sufficient evidence to support his claims.

The court found no proof that persons with disabilities were excluded or that the panel lacked gender and regional balance. Furthermore, the allegation that the Azimio One Kenya Coalition Party had bypassed a competitive recruitment process was dismissed, as the coalition party was not enjoined as a party to the case.

Justice Chepkwony affirmed the validity of the selection process and permitted the IEBC Selection Panel’s list to proceed for presidential approval.

Implications of the Ruling

The dismissal of the petition clears the way for President William Ruto to appoint the IEBC Selection Panel. The confirmed nominees are Dr. Nelson Makanda, Fatuma Saman, Amb. Dr. Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Caroline Kituku, Prof. Adams Oloo, and Linda Koome.

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