NAIROBI, Kenya, Jan 9 – City lawyer Apollo Mboya has moved to court to stop the National Assembly from vetting or approving the names of candidates for the positions of Chairperson and Commissioners of the Independent Electoral and Boundaries Commission.
The advocate wants the National Assembly restrained from doing so pending the hearing and determination of the case he has filed.
Mboya in his affidavit has faulted the Selection Panel for failing to provide the criteria and or justification it used to shortlist the candidates.
According to Mboya, the candidates recommended to President Uhuru Kenyatta by the Selection Panel for vetting were not the most suitable and qualified candidates for the advertised positions.
“By not forwarding the most suitable and qualified candidates for the advertised positions, the selection panel contravened principal of governance which include integrity, transparency and accountability.”
He goes on to say that the Bernadette Musundi-led panel exceeded its powers and mandate by re-advertising the position of IEBC Chairperson.
He argues that unless the National Assembly is restrained the nominees will be vetted and appointed in contravention of the amended election laws of 2016.
Judge John Mativo certified the suit as urgent and directed that the matter be heard Tuesday for further directions.
The nominee for IEBC Chairperson Wafula Chebukati is slated to undergo his approval hearing also on Tuesday before the National Assembly Justice and Legal Affairs Committee.
The National Assembly which is currently on recess has seven days to conduct the approval hearings for Chebukati alongside six other persons that President Kenyatta nominated to serve as IEBC Commissioners.
Chebukati has over 29 years of legal practice and is currently the Managing Partner of Cootow & Associates.
Members of the public had until the close of business Monday to submit their views through affidavits to the Office of the Clerk of the National Assembly.
Consolata Nkatha Bucha Maina, Moya Molu, Roselyne Kwamboka Akombe, Paul Kibiwott Kurgat, Margaret Wanjala Mwachanya and Abdi Guliye who have been nominated as Commissioners will appear before the House team on Wednesday and Thursday.
The IEBC Selection Panel had on December 29 presented the final shortlist, which included 11 candidates.