NAIROBI, Kenya, Jun 9 — A three-judge bench has sustained a directive blocking the gazettement of newly-nominated Independent Electoral and Boundaries Commission (IEBC) commissioners pending the resolution of a legal challenge.
The court directed on Monday that the gazettement of election managers will await the hearing and determination of a petition challenging the legality of the selection process even as National Assembly proceed with the approval process.
Justices Roselyne Aburili, Bahati Mwamuye, and John Chigiti upheld an earlier order issued by Justice Lawrence Mugambi, which halted the gazettement, and directed parties to appear in court on June 23.
The three judges directed parties to file their submissions and replying affidavits before the session set aside for highlighting of submissions in preparation for the final judgment.
Justice Mugambi had earlier ruled that a petition filed by activists Boniface Mwangi and Kelvin Roy—through their lawyers Paul Muite and Douglas Otieno—raises serious constitutional questions regarding how the IEBC selection panel conducted its business.
The petitioners moved to court after President William Ruto nominated Erastus Ethekon Edung as IEBC Chairperson, and Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah as commissioners .
He reffered the matter to Chief Justice Martha Koome for the empanelment of a bench to hear the petition.
