Court declines to stop vetting of IEBC commissioners
The High Court has declined to stop the ongoing vetting of chairperson and members of the Independent Electoral and Boundaries Commission (IEBC).
Justice John Mativo declined to issue the temporary orders stopping the ongoing vetting process instead directing the parties named in the suit to file their grounds of objection within seven days.
The Judge, in his ruling, said that the case is not a proper case for granting orders as sought.
He further ruled that the orders sought will affect persons who are not parties to the case adding that it would pose a danger of granting orders affecting other persons without giving them the benefit of a hearing.
The matter will be mentioned on the 17th this month to confirm compliance and for directions on hearing of the applicants application.
In the case, former Law Society of Kenya, Apollo Mboya, filed a case seeking to stop the process arguing that the selection panel exceeded its powers and mandate under the First Schedule to the IEBC Act, 2011 as amended by the Elections Laws (Amendment) Act, 2016 by re-advertising the positions of chairperson.
He further argued that the selection panel did not publish the marks scored by each candidates to support its assertions that it selected the most suitable and qualified candidates for the advertised positions.
He further argued that the names forwarded to the President by the selection panel for vetting by the National Assembly were not the most suitable and qualified candidates for the positions advertised as was indicated in the press release by the selection panel dated 22 of last month.
“Unless IEBC is restrained the candidate nominated for appointment as chairperson and commissioners of the IEBC will be vetted and appointed in contravention of the constitution,” argued Mboya.
The selection panel, IEBC, National Assembly and the Attorney General have been named as respondents in the case.
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