NAIROBI, Kenya, Jan 14 – The Law Society of Kenya (LSK) President Faith Odhiambo has condemned the abuse of court process attributing the practice to delays in the reconstitution of the Independent Electoral and Boundaries Commission (IEBC).
Citing an unactioned appeal three months after the High Court ruling, the LSK emphasized that this constitutes a violation of the principles and objectives of judicial authority.
LSK implored the judiciary to firmly defend its independence.
“The truth and the fact of the matter is that the absence of a commission is a constitutional violation, denying representation to citizens in constituencies where by-elections are due,” said Odhiambo.
The legal tussle resulting from Wiper Party’s challenge to Azimio La Umoja One Kenya coalition’s nomination of Augustus Kyalo Muli of the National Liberal Party (NLP) as its representative to the IEBC Selection Panel.
Kyalo’s nomination was disqualified following a legal challenge, which argued that the National Liberal Party (NLP), which he represented, has no members in Parliament.
Consequently, the High Court granted Azimio La Umoja another opportunity to nominate a new representative to replace Kyalo.
Stalled case
Following the ruling, Koki Muli was nominated to take his place.
Kyalo subsequently moved to the Court of Appeal to challenge the High Court ruling.
At the same time, a petition at the Kiambu Law Court, challenging the exclusion of persons living with disabilities in the hiring panel, is awaiting a ruling.
As a result, the nine-member selection panel to recommend persons for appointment as IEBC commissioners is yet to be formed.
Without commissioners, the IEBC cannot conduct by-elections or fulfill many of its other mandates.
Odhiambo urged the judiciary to expedite the resolution of cases hindering the panel’s empanelment.
“We must reconstitute the IEBC. We must ensure a peaceful and fair election,” said Odhiambo.
She further called on the political class to consider an out-of-court settlement to resolve the selection panel crisis.
