Panic after IEBC Amendment Bill for 2023 Is Overturned by High Court

The Independent Electoral and Boundaries Commission (IEBC) Amendment Bill 2023 has been ruled illegal by the High Court. Justice Lawrence Mugambi’s decision from Friday, December 13, coincides with a renewed effort to reorganize the electoral body.

Essentially, this adds yet another huddle to the already difficult process. In his decision, Justice Mugambi claimed that laws could be revoked due to a lack of public engagement.

President William Ruto signed the bill into law, proposing significant changes to the institution’s structure and functioning. Following his announcement as President-elect on August 15, 2022, by former IEBC Chairperson Wafula Chebukati, William Ruto gave his first speech to the Kenyan Parliament. Ruto, William February 2023:

President Ruto appointed a seven-member selection panel in February 2023, two weeks after declaring the commissioner positions vacant.

Ruto signed the IEBC (Amendment) Bill 2022 into law in January 2023, requiring the Selection Panel to include members from the Parliamentary Service Commission, the Public Service Commission (PSC), the Political Parties Liaison Committee (PPLC), the Law Society of Kenya (LSK), and the Inter-Religious Council of Kenya.

The Parliamentary Service Commission and the Inter-religious Council of Kenya each assigned two members (a male and a woman) to the panel, while the PSC, PPLC, and LSK each nominated one.

The new regulations require commissioners to have at least 10 years of professional expertise in relevant disciplines such as election management, finance, or information and communication technology.

The new law also featured a new threshold that required chairman candidates to meet the same qualifications as Supreme Court judges. Operationally, the Bill brings transparency to the recruiting process by requiring the disclosure of candidate names and qualifications for public scrutiny.

It also changes the way the commission makes decisions, requiring commissioners to vote unanimously or by majority.

These reforms are the result of the National Dialogue Committee (NADCO), which was established by President Ruto and the Azimio la Umoja One Kenya Coalition in an effort to put an end to the demonstrations that followed the 2022 elections.

Meanwhile, the National Assembly’s Justice and Legal Affairs Committee (JLAC) has declared that it will file a petition to have all court lawsuits against the reconstitution of the Independent Electoral and Boundaries Commission (IEBC) withdrawn.

Speaking over the weekend, JLAC Vice Chairperson Mwengi Mutuse indicated that the National Assembly will petition the court to dismiss the charges. Mutuse argued that the process of reconstituting the IEBC has been captured by persons who do not support a viable electoral body.