The High Court on Tuesday gave reprieve to the Azimio Coalition after it allowed the opposition Coalition nominate a candidate to the Independent Elections and Boundaries Commission(IEBC) Selection Panel.
In a ruling delivered before Justice Janet Mulwa, Azimio was subsequently directed to nominate its candidate to the Selection Panel by not later than October 24 this year, by 3pm.
Mulwa also directed Azimio to conduct a fresh election for the minority coalition cluster in compliance with the law of the First Schedule of IEBC (Amendment) Act 2024, within 48 hours from the date of the ruling.
''The court further directs and orders that Fresh Election for Minority Coalition Cluster for nominees to the IEBC selection panel be held in strict compliance with provisions of Sections 2(B) and 2(C) of the First Schedule of IEBC (Amendment) Act 2024, within 48 hours of this judgment/orders, and in any event not later than 3.00pm on 24/10/2024,’’ the ruling read in part.
In the case, the Azimio coalition had moved to court to challenge a case where Augustus Kyalo Muli of the National Liberal Party was nominated to represent the minority coalition in Parliament, despite not being a member of any of the Azimio affiliate parties.
Azimio, argued that the move to nominate Muli left her constituent parties without a representative at the panel, a position that would have likely jeopardized their involvement in the selection of the next IEBC team.
The judge also ruled that the Political Parties Dispute Tribunal(PPDT) judgment staying the nomination of Muli, be set aside.
''The Political Parties Dispute Tribunal's (PPDT) Judgment on complaint No. E008 of 2024 delivered on dated 10/09/2024 is hereby set aside and declared null and void,’’ the ruling added.
The reconstitution of the IEBC is an urgent issue in the country, following the resignation of its commissioners in the disputed 2022 general elections.
Currently, the IEBC is not able to conduct elections in Kenya as it is not properly constituted to oversee an election. Ugunja Constituency whose Member of Parliament Opiyo Wandayi was recently nominated to the Cabinet, is among the affected.
Also affected include Magarini Constituency whose MP’s election was nullified,and Banisa whose MP Kullow Maalim Hassan died.
The nomination of a representative from the Azimio Coalition, will give the IEBC Selection Panel a reprieve as it will now be able to move on with the process of coming up with the next team that will oversee the next general election.
