- The National Assembly submits a request to cancel the case against the investigation of the Commissioners of the Independent Electoral and Boundaries Commission (IEBC)
- The National Assembly has filed a petition in the High Court demanding the cancellation of a case against the process of investigating the Commissioners of the Independent Electoral and Boundaries Commission (IEBC)
- The parliament has cited the case filed by Kelvin Roy Omondi and Boniface Mwangi as a gaming and no constitutional basis
- Supreme Court Judge Lawrence Mugambi issued a temporary order to suspend the commission’s investigation process until the case was fully heard
Nairobi – The National Assembly has asked the High Court to cancel the case calling for a moratorium on the process of investigating the chairman and commissioners of IEBC.
Source: Facebook
The parliament has filed a preliminary objection against the case, claiming that the case has been filed too early as it wants to terminate the process that has already begun in parliament.
Why do MPs want the process of inspecting the IEBC commissioners to continue?
Parliament claims the case is gaming and has no basis in that it violates the “Code of Trial.”
“Since the request, along with a notice of intent, oppose the ongoing constitutional process where there is no decision or action taken by the National Assembly, the complainants’ claims are design and involve future events that are gaming, neither real nor possible,” It says Parliament.
In an affidavit in response to the case, Parliament states that the plaintiffs have not used all existing constitutional and legal methods before submitting the case, thus making their request too early and contrary to “the principle of using all existing methods.”
Legally, after the President submitted a message about the appointment of the Chairman and Commissioners of the IEBC, the Speaker of Parliament submits the message to Parliament and submits it to the Justice and Legal Committee for the investigation.
After the investigation along with public participation, the committee submits a report to Parliament making recommendations to approve or reject the nominees, before the debate and voting.
Parliament claims that the plaintiffs had to submit their complaints to Parliament before asking for court assistance.
They argue that the Constitution gives Parliament the power to “review appointments” to constitutional institutions and an independent office, which is part of the equality of government power as it does in other democracy.
Parliament adds that the public interest in completing the re -formation of the electoral commission is greater than the complainants’ claims.
“Public interests strongly support the process of approving the appointment, especially considering that citizens have already submitted their views to the committee and expect to be heard and taken seriously,” They explained.
Source: Twitter
Did the court suspend the process of inspecting the nominees in the IEBC?
As previously reported, Judge Lawrence Mugambi issued a temporary order to terminate the process until the case was fully heard.
The nominees include Erastus Edung Ethekon as IEBC chairman, and commissioners Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo, and Fahima Abdalla.
The judge is expected to make a decision on the order to block the process until the case is completed by May 29, 2025.
Did the opposition oppose the appointment of IEBC commissioners?
Opposition has strongly criticized the President William Ruto Due to the recent nomination of IEBC commissioners, accusing him of conducting a preference process aimed at achieving his re -election in 2027.
Opposition led by former Deputy President Rigathi Gachagua And Wiper party leader Kalonzo Musyoka claimed that the process had been defective from the beginning.
They said that the panel that made the nomination was filled with Ruto’s supporters and adventures, making the commission a palace department.
They also linked the nomination with the political alliance between Ruto and Raila Odingaclaiming that the new commission is a tool for keeping the dollar and planning the election results ahead of time.
They pledged to oppose what they called the attack on democracy and announced plans to form an alternative commission administered by the public called “IEBC of the people” to monitor the commission’s activities and to ensure that it complies with the constitution and the ethics of governance.
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