Update: 5.25 p.m:
Four commissioners appointed by President Uhuru Kenyatta have been sworn in on Thursday, September 2.
Juliana Whonge Cherera, Francis Mathenge Wanderi, Irene Cherop Masit and Justus Abonyo Nyang’aya
were sworn by Chief Justice Martha Koome.
The newly appointed commissioners took their oath of office at the Supreme Court, a day after their appointment.
The development ends the lack of quorum crisis that came about after the High Court and the Court of Appeal found the commission was not fully constituted while ruling on the BBI Bill.
The High Court on Thursday, September 2, declined to issue orders stopping the swearing-in of four newly appointed IEBC commissioners of the Independent Electoral and Boundaries Commission (IEBC).
Justice Weldon Korir denied the request noting that a further delay in the swearing-in of the four poses danger for Kenyans.
The judge of the Nairobi High Court further observed that with less than a year to the elections, the electoral commission should be busy preparing for the polls.
“It’s in public interest that the conservatory orders should not be granted,”
He dismissed the petition filed by Nornael Okello on September 1, arguing that the appointment of the four contravened the two-thirds gender rule.
Okello also raised questions on the legality of appointing Irene Masiit, arguing that she had contested for an electoral position in the immediate past election.
The petitioner had filed the case as urgent and asked for appropriate directions from the court.
On September 1, the National Assembly approved the four for appointment by the president after debating the report tabled by the Justice and Legal Affairs Committee (JLAC).
The president appointed Juliana Wihonge Chirera, Francis Mathenge Wanderi, Irene Cherop, and Justice Abonyo Nyang'aya to the IEBC after receiving a green light from Parliament.
Korir's ruling to uphold the appointment of the four commissioners would mean that IEBC would now have the required quorum to undertake next year's general election.
The electoral commission was short-armed following the resignation of four commissioners under unclear grounds.
The four include former Vice-Chair Connie Nkatha, Ambassador Paul Kurgat, Roselyne Akombe and Margaret Mwachanya.
