Independent Electoral and Boundaries Commission (IEBC) nominees (from left) Erastus Edung Ethekon, Fahima Araphat Abdallah and Prof Francis Odhiambo Aduol.
The National Assembly has approved the appointment of the seven nominees to the Independent Electoral and Boundaries Commission (IEBC), dismissing memoranda that were raised against them.
The seven now have to overcome the court hurdle in order to assume office as the next electoral commissioners.
In approving the nominees, the lawmakers noted that they considered the constitutional requirements on regional balance, technical expertise on electoral matters, gender balance and experience in elections management.
“The committee observed that the nominees demonstrated deep understanding of the affairs of the IEBC and their respective roles of Chairperson and Members of the IEBC. They possess the requisite abilities, academic qualifications and professional experience required for persons nominated to serve as the Chairperson and Members of the IEBC,” reads the committee report.
For Mr Erastus Ethekon, who has been nominated as the chairperson of the commission, the committee noted that he brings on board a wealth of 15 years’ experience in law, which will be key in handling electoral matters.
“The nominee demonstrated expertise in law having at least fifteen years’ experience as a legal practitioner in private practice and as a County Attorney and possessing further experience as an international human rights practitioner and peace and conflict resolution expert,” reads the committee report.
For Ms Ann Nderitu, the committee said her experience having earlier served in IEBC is needed to steady the ship.
Registrar of political parties Ann Nderitu.
“We approved her based on being an insider and therefore knows how things work,” said the chairman of the Justice and Legal Affairs committee, George Mr Murugara.
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The committee dismissed the legal arguments that she is currently a State Officer and does not deserve to serve at the polls agency saying she has not been appointed so far but just nominated.
In addition, the committee said, Ms Nderitu assured them that she will resign upon approval by the House.
The committee also dismissed reservations raised on former Rift Valley Provincial Commissioner Hassan Noor Hassan having his name included late among the shortlisted candidates for interview and his advanced age having served in the public service for 40 years.
According to Mr Murugara, Mr Noor's experience and wisdom are needed at the commission.
Independent Electoral and Boundaries Commission (IEBC) nominee Haasan Noor Hassan takes his oath when he appeared before the Justice and Legal Affairs Committee.
“Although most of the nominees are young, we need someone who brings in wisdom and that can be found in Mr Noor,” Mr Murugara said.
For Francis Odhiambo Aduol, the committee said his experience in geospatial engineering will be crucial, especially on boundary delimitation.
“This nominee will be very crucial when it comes to the delimitation of boundaries and we are all aware that it is an emotive issue,” said Rarieda MP Otiende Amolo.
The committee received three statements on oath sworn by Dr. Magare Gikenyi, Mr. Kelvin Roy Omondi and Ms. Sheila Masinde contesting the suitability of the nominees.
The nomination of Mr Ethekon was challenged on the account that he is likely to be biased in the performance of his functions based on his affiliation with the Josephat Nanok who is the current Deputy Chief of Staff at State House.
Mr Ethekon served as Turkana County attorney when Mr Nanok was the governor.
The Independent Electoral and Boundaries Commission (IEBC) chairperson nominee Erastus Edung Ethekon before the justice and Legal Affairs Committee.
The three are also seeking the disqualification of Mary Karen Sorobit who has been nominated as a member of IEBC on the account that she was an Executive Director and member of a governing organ of Jubilee Party, contrary to the provisions of Article 88(2) of the Constitution.
On the nomination of Hassan Noor Hassan, the three claimed that the appointment was not transparent contrary to the provisions of Article 10, 73 and 232 of the constitution since he failed to explain the circumstances under which the nominee was shortlisted.
The petitioners pointed out that Mr Noor was never shortlisted for the interviews and was only sneaked in through an addendum contrary to the selection and nomination process under the IEBC Act, Cap. 7C.
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However, Dr Amollo said all the objections raised against the nominees were put to them during vetting and they sufficiently responded
“We put all the objections that were raised against the nominees, and they were all dealt with to our satisfaction,” Dr Amolo said.
Majority leader Kimani Ichung’wah said the country has lagged behind for a long time especially on the pending by-elections due to lack of the commission hence its time they assume office and start working.
“The sooner we approve these nominees, the better. There are people who have been suffering and lacking representatives for nearly two years now simply because we are lacking the commission,” Mr Ichung’wah said.
“Any leader who is not supporting the establishment of this commission is an enemy to the people of Kenya and not acting in the best interest of the country,” he added.
Mr Ichung’wah urged the judiciary that there are by-election pending in various constituencies and wards across the country and the commission needs to be in place in order for them to start preparing for 2027 in earnest.
