Lawyer Katwa Kigen on Thursday, April 10, withdrew from the ongoing Independent Electoral and Boundaries Commission (IEBC) Commissioner interviews, citing concerns over his suitability for the role.
Kigen, who defended President William Ruto during his trial at the International Criminal Court (ICC) over his alleged role in the 2007/2008 post-election skirmishes, said he wanted to avoid 'unnecessary diversion' from the commission's critical role.
Kigen withdrew before he was set to appear before the IEBC Selection Panel for his interview that day.
His shortlisting for the commissioner position had raised eyebrows, with many voicing concerns over his impartiality if selected due to his close proximity and relationship with Ruto as his lawyer.
Former Law Society of Kenya (LSK) President Nelson Havi earlier raised concerns about accountability and integrity regarding the President’s lawyer vying for the position.
He questioned how someone who has served the Head of State for over 20 years could contest a seat in which the President himself would be a candidate.
“We have a problem of accountability and integrity in Kenya. Why would the President’s known advocate for over 20 years apply to serve in the IEBC to oversee an election where the President will be a candidate? Is the candidate stupid or does he think all Kenyans are stupid?” he posed.
This latest development comes amid heightened scrutiny of the IEBC Selection Panel after it emerged that six candidates were “sneaked” into the list of candidates to be interviewed for the commissioner position.
This unexpected twist has sparked controversy, raising questions about transparency and accountability in a process that has already been criticised by leaders opposing the current regime.
Wiper Party leader Kalonzo Musyoka, DAP-K leader Eugene Wamalwa and People’s Liberation Party (PLP) leader Martha Karua vowed to move to court on Tuesday, April 1, to stop the ongoing process of recruiting new IEBC commissioners if the government fails to consult them.
According to the leaders, the current process of recruiting new IEBC commissioners and a chairperson went against the National Dialogue Committee's (NADCO) foundations.
However, the leaders were preceded in taking the IEBC Selection Panel to court 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.
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.
