Court declines to halt recruitment of IEBC chair, commissioners

Omtatah moved to court seeking to halt the process.

In Summary

•Justice Mugure Thande has, however, certified the matter as urgent and directed him to serve the respondents.

•Omtatah had urged the court to issue conservatory orders so as to ensure that he does not act in vain.

Court gavel.
Court gavel.
Image: FILE

The High Court has this morning declined to temporarily stop the recruitment of the IEBC chair and six commissioners pending the hearing of a case challenging the process.

In the case, Senator Okiya Omtatah moved to court seeking to halt the process.

Justice Mugure Thande has, however, certified the matter as urgent and directed him to serve the respondents.

The matter will be heard on April 13.

Omtatah had urged the court to issue conservatory orders so as to ensure that he does not act in vain.

Judge Thande said she had considered submissions by parties and noted that is a matter of great public interest and should be disposed of expeditiously.

She further directed Omtatah to file his petition by April 8 and IEBC and state to respond by April 11.

In his case, Omtatah is seeking to invalidate the IEBC Amendment Act 1 of 2023 which creates a mechanism for appointment and selection panel for recruitment of nominees for appointment as chair and members of IEBC.

He argues that the IEBC amendment bill 2022 was unconstitutionally and unlawfully passed in the Senate on January 19, 2023.

He claims that the chairman of the senate standing Committee on Justice legal affairs and human rights was forced by the executive and he unilaterally ambushed the Committee members and the House to withdraw the Committee report which he talked about on behalf of the committee to avoid it being debated and subjected to a vote.

The legislator argues that by withdrawing the report which had recommended several amendments to the bill, the bill was passed without amendments.

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