Junet pushes for IEBC panel extension as opposition cries foul

Leader of Minority in the National Assembly, Junet Mohamed has filed a notice of motion seeking to extend timelines for Independent Electoral and Boundaries Commission (IEBC) selection panel by 14 days.

Mohamed stated that the period should be extended with 14 days from April 27, as he made reference to paragraph 6(1) of the first schedule of IEBC Act Cap 7(c), saying it provides that the selection panel shall finalize recruitment exercise within 90 days of its appointment and forward the names to the President.

“Aware that by gazette notices 1901 and 2543 dated February 14 and March 1, 2023 respectively, President William Ruto declared one vacancy for the position of Chairperson of IEBC and six vacancies for the position of members,” said Mohamed yesterday during the session.

“Further aware that vide gazette notice 715 of January 27, 2025, Ruto appointed members of the selection panel for the recruitment of nominees for appointment as Chairperson and members of IEBC. Upon appointment, the panel commenced the recruitment process, long listed and shortlisted qualified applicants for the positions of Chairperson and members,” he added.

He said that the panel is currently undertaking the interviews of shortlisted candidates and given the schedule of all shortlisted applicants, it has inadequate time to conclude the recruitment process.

The Minority leader said the selection panel should ensure recruitment process complies with constitutional principles of regional balance, representation of the youth and overall inclusivity, while ensuring that they are completed as far as practicable within the official working days and hours.

“Pursuant to the provision of paragraph 6(2) of first schedule to the IEBC Act Cap 7(c), the House of Parliament resolve to extend the tenure of the selection panel for the recruitment of Chairperson and Members of IEBC for a period of 14 days from April 27,” he said.

This came as opposition leaders separately threatened to take legal or political action if the President appoints IEBC Chairperson and members without being consulted, saying there are serious allegations of integrity and grave inherent conflict of interest.

Wiper, Democratic Action Party of Kenya and People’s Liberation Party (PLP) leaders, Kalonzo Musyoka, Eugene Wamalwa and Martha Karua yesterday claimed the Ruto regime is determined to control and direct recruitment process of IEBC commissioners, with the ultimate objective of capturing the electoral management body.

Whether or not they have faith in the panel, Kalonzo said that has since been overtaken by events and they will wait to see whether the principle of consultation and concurrence will be upheld when it comes to forwarding 11 names for appointment as Chairperson and Commissioners.

“This nefarious exercise, we believe, is intended to rig the next General Election to perpetuate the continuation of the Kenya Kwanza regime that has clearly lost the trust and confidence of the people of Kenya,” said Karua, in a joint press conference held in Nairobi.

They said that the shortlisting process left out Kenyans with credible qualifications and experience based on their assessment of the over 1,400 who applied for the positions.

The opposition said quite a number of those who made it to the list have questionable credentials and have demonstrated partisan interests in United Democratic Alliance (UDA) and Orange Democratic Movement (ODM).

“We demand that the principle of consultation and concurrence be implemented before the final appointment of commissioners between Ruto and Raila on one side and the opposition on the other, which reflects the country's current political reality,” said Karua.

Karua said a number of the selected applicants are members of executive structures of UDA and ODM and have, in the last three years, been beneficiaries of skewed public appointments from Ruto and ODM leader, Raila Odinga.

A case in point, they said, is Joy Brenda Mdivo, who has been the chairperson of the UDA Internal Dispute Resolution Committee, with the opposition insisting that she is not eligible for consideration for appointment as an IEBC commissioner as stipulated in Article 88 (2) (a)(ii) of the Constitution of Kenya.

“Given the clear position articulated in our supreme law of the land, why was Mdivo shortlisted by the IEBC selection panel? This is a clear violation of our Constitution. More so, this is a great betrayal to young Kenyans who sacrificed their lives on June 25, 2024 so as to have a credible and independent commission,” Karua read the statement on their behalf.

Similarly, they said Ruto's personal advocate is also set for an interview as a possible commissioner.

“We ask, how can a person bound by the principle of client confidentiality be expected to discharge his constitutional duty – free of actual and/or perceived perception that he would not be nonpartisan – if he is recommended for the position?” she posed.

She added: “It is seemingly becoming plausible that the review of the original list was designed to accommodate the interest of influential government-connected politicians. Worse, there are growing concerns about the National Intelligence Service (NIS), which has recently been accused of abductions, torture, civilian disappearances, and other human rights crimes and illegalities.”

They also urged the panel to avoid taking take part in any partisan actions that may pose an existential threat to the well-being of Kenyans by undermining electoral justice.

The demanded that the panel should only nominate persons who are beyond reproach and will carry out their functions in accordance with the Constitution.

“It should be underlined that we, the People's Loyal Opposition, on behalf of the Kenyan people, will not tolerate this shabby attempt to rig the upcoming General Election by appointing a biased IEBC through a clearly compromised recruitment procedure,” she said.

At the same time, they cited the union of UDA and ODM, after which Karua said that Ruto launched an aggressive campaign in Nairobi.

According to the opposition, the disruptive early campaigns featured marauding gangs who went on robbing and mugging sprees against unsuspecting Kenyans going about their everyday routine, under police protection.

“As the Ruto prepares to invade Mt Kenya region with their misguided brand of politics, we demand that common decency, basic courtesy, civility, and decorum--terms they appear unfamiliar with--replace their vile and violent brand of politics, which they recently introduced in Nairobi,” said Karua.

“We call on all citizens of Mt Kenya region to remain peaceful and patient and not to be goaded by the bad, inciteful and hateful behaviour of the discredited regime,” she stated.