Court clears way for Ruto to appoint IEBC selection panel
The High Court has cleared the way for Parliament to forward the names of persons nominated to the electoral body’s selection panel to President William Ruto for appointment.
This was after Justice Dorah Chepkwony dismissed a petition filed last year, challenging the list over claims that persons with disabilities had not been considered for the Independent Electoral and Boundaries Commission (IEBC) selection panel.
Mr Boniface Njogu had submitted that the appointments were not in line with Articles 10 and 54(2) of the constitution, which require the State to ensure the progressive implementation of the principle that at least five percent of members of the public in elective and appointive bodies, are persons with disabilities.
But Justice Chepkwony dismissed the petition stating that the petitioner had failed to prove that there were constitutional and statutory violations, in the appointments.
“The petitioner has advanced insufficient evidence to warrant the recruitment process be deemed to have violated the constitution,” said the judge.
Appointing of the IEBC commissioners has been a complex and contentious one, marked by intense political divisions and numerous legal challenges.
Another case filed by Dr Augustus Kyalo Muli is pending hearing at the Court of Appeal, although no orders have been issued, stopping the formal appointment of the selection panel.
Dr Augustus Muli of the National Liberal Party moved to the appellate court late last year after High Court judge Janet Mulwa ruled that he was not eligible for appointment as his party was not a parliamentary party as it had no representation in the House.
Justice Mulwa further directed for fresh election for minority coalition cluster for nominees to the IEBC selection panel, which she said should be held in strict compliance with provisions of Sections 2(B) and 2(C) of the First Schedule of IEBC (Amendment) Act 2024.
Under the Political Parties Liaison Committee (PPLC), the majority coalition, the minority coalition and the non-parliamentary parties were to select one candidate each.
Mr Evans Misati was chosen to represent the non-parliamentary parties, while Mr Nicodemus Bore was chosen to represent the majority party.
For the minority coalition, Dr Augustus Muli was elected, defeating Wiper’s Dr Koki Muli in an election presided over by the IEBC.
Dr Augustus Muli’s election was challenged and the Political Parties’ Disputes tribunal sided with him, only for the High Court to overturn the decision.
“Had the Azimio Coalition been keen to observe and comply with requirements as communicated to it by the Political Parties Registrar and the PPLC vide letters sent to it, it would have made a finding that Dr Augustus Muli’s party, National Liberal Party, was not a parliamentary party as it had no representation in parliament, and by that alone, ought not to have cleared Dr Augustus Muli to contest for the prestigious position,” said the judge.
Terming him a stranger, Justice Mulwa said the contravention of law aspect alone disqualified him from being cleared by the Azimio Coalition to contest in the election but instead, the coalition cheered him on and surprisingly, he garnered majority votes, beating Dr Koki Muli.
Dr Nelson Makanda and Fatuma Saman, who were on the previous selection panel, were retained by the Inter-Religious Council, while Andrew Kipkoech Tanui was selected by the Institute of Certified Public Accountants of Kenya.
The Law Society of Kenya (LSK) has one slot and the Parliamentary Service Commission (PSC) has two. Their nominees are Ms Caroline Kituku, Prof Adams Oloo and Ms Linda Koome.
Mr Njogu had submitted that persons living with disabilities were not represented in the list for the selection of IEBC Commissioners.
He argued that the process of selecting IEBC commissioners was so critical that it had stalled for more than a year, yet it was a sensitive subject. He also claimed that the list did not reflect regional balance as four of the nominees were from two ethnic communities.
“This court finds that based on the material presented before it, the petitioner’s arguments remain and stand largely unsubstantiated, thus, it cannot invalidate the minority coalition party’s nomination solely on speculation,” said the judge.
Justice Chepkwony said although there was a requirement that the appointing authority to progressively seek and recruit persons with disabilities, Mr Njogu had not shown that persons living with disabilities had applied to join the list but were locked out.
“It is imperative that the court considers what each separate provisions and its applicability. It is now settled that representation is not an absolute one but there should be efforts to show progressiveness,” the judge said.
The previous selection panel comprised of seven members but the list was expanded to nine following after the adoption of the National Dialogue Committee report.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Creatives & Coins Podcast
A podcast that dives deep into the vibrant and rapidly evolving digital creative economy in Kenya. This show explores the lives, challenges, and triumphs of individuals who are successfully navigating the gig and creative economies. From digital artists and content creators to freelance writers and tech entrepreneurs, we spotlight the voices that are shaping the future of work in Kenya.
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.