The Operation Linda Jamii lobby group has filed a legal petition at the High Court against the Independent Electoral and Boundaries Commission (IEBC) Selection Panel, blocking them from conducting interviews on Charles Nyachae and Brenda Joy Masinde-Mdivo for the position of chairperson.
In the petition against the selection panel chairperson Nelson Makanda and others, the group is arguing that the candidates are disqualified from holding the Commission's chairmanship due to holding state offices.
The lobby group wants the High Court to declare conservatory orders to prevent their interviews, asserting that the shortlisting violates the constitution and principles of good governance.
The group also wants a declaration that only qualified persons should be shortlisted for such positions. They urged the court to consider the petition urgently.
"It is therefore necessary, just fair, and imperative in the interest of justice for the application filed herewith this petition to be determined on a priority basis and conservatory orders sought in the application thereof issued to prevent the threat of miscarriage of justice," the group argued in the petition.
The group accuses Nyachae of being ineligible because he is a state officer by holding the office of Chairperson of the Council of the Kenya School of Government, violating the constitution.
Mdivo is considered ineligible to hold a state office as the chairperson of the Board of Directors of Kenya Power & Lighting Company.
She also holds an office in the ruling political party, the United Democratic Alliance (UDA) Party, specifically as the Chairperson of the Electoral Disputes Resolutions Committee.
The interviews are scheduled to begin on Monday, March 24 after the panel sliced the number of final candidates for the chairperson position from the previous 37 to 11.
The other nine candidates shortlisted for the position include Abdulqadir Lorot H. Ramadhan and Anne Atieno Amadi Edward Katama Ngeywa (PWD), Erastus Edung Ethekon, Francis Kakai Kissingerand Jacob Ngwele Muvengei.
Others are Lilian Wanjiku Manegene, Robert Akumu Asembo, and Saul Simiyu Wasilwa.
The IEBC selection panel is tasked with recruiting qualified individuals to fill the positions of Chairperson and Commissioners for the IEBC, which has been without commissioners since January 2023.
