The National Assembly has asked the High Court to strike out a petition seeking to stop the vetting for the Independent Electoral and Boundaries Commission (IEBC) chairperson and commissioners.
The National Assembly has filed a preliminary objection to a case currently before the High Court, arguing that the suit is premature as it seeks to halt a matter already underway in parliament.
The assembly contends that the petition filed by Kelvin Roy Omondi and Boniface Mwangi is speculative and therefore unjustifiable, as it violates the “doctrine of ripeness.”
In its replying affidavit, the assembly further states that the petitioners have not exhausted all available constitutional and procedural remedies, rendering the petition and application premature and in breach of the “doctrine of exhaustion.”
Procedurally, once the president’s message on the nomination of the IEBC chairperson and commissioners is received, the National Assembly Speaker forwards it to the House and refers it to the Departmental Committee on Justice and Legal Affairs for vetting.
Following this, and after public participation, the committee presents a report to the House recommending approval or rejection of the nominees for further debate and voting.
The National Assembly argues that the petitioners should have raised their concerns within parliament before seeking legal intervention.
They stress that the 2010 Constitution grants the assembly a “general confirmatory mandate” to approve appointments to constitutional commissions and independent offices, serving as a key check and balance among government arms, as is common practice in constitutional democracies.
