Lawyer wants President's adviser out of IEBC selection panel

The reconstitution of the Independent Electoral and Boundaries Commission (IEBC) could once again be derailed after another case was filed in court.

This time, the appointment of Prof Adams Oloo to the  IEBC Selection Panel has been questioned.

Former Law Society of Kenya Chief Executive, Apollo Mboya, argues that Oloo was ineligible to sit on the panel since he serves as President William Ruto’s advisor.

“The second respondent's (Oloo) position in the panel presents a brazen conflict of interest and is an affront to the principle of separation of powers and representation that was intended by the IEBC Act Cap 7C Laws of Kenya,” says Mboya.

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According to him, the appointment of electoral commissioners would raise legal queries before they assume office if Oloo is allowed to participate.

“Needless to state, the endemic suspicions and mistrust that have pervaded Kenya's electoral process will be revived. The optical and legal impact of this brazen violation of the integrity of the selection process defeats the objectives of the IEBC Act to wit; representation of the people in the selection of IEBC commissioners,” says Mboya.

He wants the matter settled before February 15 when applications for the commissioners' positions will expire.

“The good governance of this country depends on it. There are thousands of well meaning Kenyans capable of serving in the second respondent's stead."

The panel was sworn in after the High Court cleared the way for Parliament to send the names of nine members to the President for appointment.

Other members of the panel are Dr Nelson Makanda, Fatuma Saman, Evans Masati, Nicodemus Kipchirchir, Andrew Kipkoech, Caroline Kituku and Linda Koome.

Dr Koki Muli’s fate hangs in the balance as there is a battle over her appointment at the Court of Appeal. 

The High Court in Nairobi had directed Azimio la Umoja One Kenya Coalition Party to appoint another candidate by October 24, last year after invalidating the nomination of Dr Augustus Muli.

The case is now before the Court of Appeal, although there are no orders to halt the process. 

Four days after Koki's appointment, Justice Chepkwony directed the Senate clerk not to forward the list to the president or gazette it.

In his case, Njogu claimed that Azimio had defied Justice Mulwa’s orders by failing to do fresh voting.

Despite Azimio being a key party to the case, Njogu only sued the Senate and the Attorney General. 

He said the list was not balanced as most are from the Kamba and Kalenjin regions.

“In a country of more than 42 communities it is absurd that four nominees from the list (Caroline Kituku, Amb. Dr Koki Muli, Andrew Tanui Kipkoech and Nicodemus Bore Kipchichir) would come from the same region or community;The list does not adhere to regional/ ethnic balance on such a critical national process and it flies on the face of Article 10 of the Constitution,” Njogu’s lawyer Shiele Kalue argued.