•Fresh recruitment of electoral commission's CEO should be done in accordance with the law
•The petitioner argued that the 15 years proven experience requirement is contrary to section 10 of the IEBC Act
The Independent Electoral and Boundaries Commission has been ordered to start fresh recruitment of its CEO in accordance with the law.
The order was made by Judge Hellen Wasilwa who, at the same time, declared an earlier notice put out by the IEBC for the advertisement of the position as null and void.
“In determining this petition (by Henry Mutundu), I agree that the respondent couched the advertisement for the position of the IEBC CEO outside the provisions of the IEBC Act and the same cannot be sustained as is worded,” the judge said.
The problem with the initial advert put out by the commission is the number of years for work experience required. It prescribed age to be 15 years.
Mutundu challenged the age limit on grounds that it was intended to lock out many young Kenyans from the position.
Above all the court was told that this was done outside the provisions of the law.
The petitioner complained that the recruitment was not open, transparent, competitive and accountable as required by the Constitution.
He argued that the need to have 15 years proven relevant experience, is contrary to section 10 of the IEBC Act, which requires a minimum of five years’ experience.
Mutundu also faulted the commission's requirement that shortlisted candidates undergo security vetting by National Intelligence Service over and above DCI and EACC.
This requirement, in his view, amounts to a violation of rights to privacy.
Justice Wasilwa noted that section 10 of the IEBC Act does not provide the minimum years of general work experience that the CEO must have but that does not preclude the commission from making a decision on how best to carry out the recruitment within its scope of work.
The position became vacant after Ezra Chiloba was sent packing.