The High Court has barred Parliament from participating in the selection process of the Independent Electoral and Boundaries Commission (IEBC) commissioners.
According to the judgment made by Justice Anthony Mrima on Friday, December 10, the presence of Parliamentary Service Commission (PSC) nominees in the selection panel would potentially lead to a conflict of interest.
The judge also stated that Parliament's participation would cast doubt on the independence of the Judiciary as the nominees would be inclined towards supporting particular candidates for the positions of commissioners.
The slot for PSC in IEBC's selection panel was created by Parliament through an amendment, which the court has termed as likely to impact the ability of the poll's body to oversee a free and fair election.
"The IEBC Amendment Act instead creates a scenario of suspicion not only on the commissioners to be appointed but also the eventual independence of the IEBC," the judgment read in part.
The petition seeking the exception of PSC from the panel was filed by the Law Society of Kenya (LSK) together with human rights activist, Okiya Omtatah. The two argued that the PSC had no other employment role outside the Parliamentary staff, a logic that was adopted by the court.
"Neither does the Constitution nor the Parliamentary Service Commission Act give PSC power to select or control the selection of members of constitutional commissions and independent commissions including the IEBC," argued the petitioners.
Justice Mrima also found that the appointment of four IEBC commissioners Francis Wanderi, Justus Abonyo, Juliana Cherera and Irene Cherop to be unconstitutional since PSC was represented at the panel that nominated them.
However, he declined to revoke their appointment stating that such an action would hamper the commission's 2022 election preparedness, as sought by the petitioner.
"If this court allows such to happen, then high are the chances that IEBC will not be able to prepare and conduct the next General Election," he ruled.
IEBC's selection panel for this year's appointment was named in April 2021, to address the quorum hitch that hit the commission following the resignation of some of its members.
