The High Court has cleared the way for the National Assembly to proceed with the vetting and approval of nominees to the Independent Electoral and Boundaries Commission (IEBC).
In his ruling earlier today, High Court Judge Justice Lawrence Mugambi lifted an earlier blanket order in which he had barred the National Assembly from proceeding with the vetting of the nominees, to the post of IEBC Chairperson and six others for the position of Commissioners.
The Judge, however, gave an order barring the gazettment or swearing in of the nominees in the event that they are approved by the National Assembly, pending conclusion of the present Petition, filed Kelvin Roy Omondi and Boniface Mwangi.
Justice Mugambi noted that the Petition had raised substantive matters of Law and reffered the same to the Chief Justice to empannel a Bench of an uneven number of Judges to hear the same.
The said Bench will then give directions on the next hearing dates of the case.
The Ruling came as the National Assembly’s Departmental Committee on Justice and Legal Affairs prepares to kickstart the crucial vetting process of the nominees.
The National Assembly had raised a Preliminary Objection against the petition arguing that it was premature, as it sought to stop an already ongoing process before Parliament.
In the supporting affidavit the National Assembly had further stated that the Petitioners had not exhausted all available avenues under the Constitution and the Standing Orders, thus the Petition and thus argued that the Application violated the “doctrine of exhaustion” and was therefore premature.
National Assembly Speaker the Rt. Hon. (Dr.) Moses Wetang’ula had already relayed the President’s Message on the nominees to the House, and committed the same to the Departmental Committee on Justice and Legal Affairs for the vetting process.
It’s upon conclusion of this process that the Committee is expected to table a Report in the House on the approval or rejection of the nominees for further debate and vote on the Floor.
The National Assembly had argued in its affidavit that it was in best public ibterest that the vetting and approval process be allowed to proceed.
“The Constitution grants the National Assembly a general confirmatory mandate of approving all persons recommended for appointment as members of constitutional commissions or holders of independent offices as part of the checks and balances against the other Arms of Governments and Organs of the State, which is the practice in constitutional democracies,” argued the National Assembly.
The nominees are Erastus Edung Ethekon for IEBC Chairperson and Commission nominees Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo and Fahima Abdalla.
Speaker Wetang’ula is also expscted to give directions to the House on the wayforward in lightbof the developments in the Petition.
