The Independent Electoral and Boundaries Commission (IEBC) Selection Panel 2025 is set to face another setback after a group of petitioners filed a petition at the High Court on Monday, seeking to stop the ongoing shortlisting process due to violations of the Constitution, particularly concerning the appointment of public officers as panelists.
The petition was filed by activist Bob Njagi, Nicholas Oyoo, Felix Wambua, Halima Shariff, Florence Kanyua, Njoroge Wanjigi, and a lobby group, Free Kenya Initiatives.
"Take notice that a constitutional petition challenging the establishment and operation of the Selection Panel for the Recruitment of Nominees for Appointment as the Chairperson & Members of the IEBC has been filed in the Constitutional and Human Rights Division of the High Court of Kenya as Milimani HCCHRPET No. E050 of 2025," a notice published in one of the local dailies read in part.
In its directives, the court, presided over by Justice Lawrence Mugambi, instructed the Public Service Commission, the IEBC, and the seven members of the Selection Panel to file their written responses to the petition ahead of the hearing.
The court is expected to deliver its ruling on the fate of the Selection Panel on May 14, a decision that could impact the planning and preparations for the 2027 General Election.
"Service of the same upon you has been ordered pursuant to the Honourable Court's directions issued on 1st April 2025 by Hon. Justice Mugambi, by means of this advertisement," the notice stated.
"The matter is scheduled for mention to confirm service upon you on 14th May 2025."
The Selection Panel commenced interviews for shortlisted candidates on March 24, starting with those vying for the chairperson position. These interviews were concluded on March 26.
Subsequently, interviews for the Commissioner positions began on March 27 and are scheduled to continue until April 24.
Following the completion of interviews, the Selection Panel will deliberate and forward the names of the nominees to the President.
The IEBC Act mandates that the selection process be finalized within 90 days of the Panel's appointment, to have a fully constituted Commission by May 2025.
Should the court annul the constitution of the panel before the completion of the exercise, the 2027 elections could face a setback.
Section 5(3) of the Independent Electoral and Boundaries Commission (IEBC) Act stipulates that the IEBC should be fully constituted well ahead of the general elections to ensure effective electoral processes. Specifically, the IEBC Act requires that the process to replace a chairperson or member commence at least six months before the end of their term.
Already, Kenya has defaulted on this, following the legal battle witnessed in the run up to the constitution of the commission.
