National Assembly/ FILEThe National Assembly has now urged the High Court to strike out a petition seeking to stop the scheduled vetting of Independent Electoral and Boundaries Commission nominees.
The exercise was to be conducted by the House Committee on Justice and Legal Affairs starting May 27.
As per the court ruling, however, the vetting of the chairperson and the six commissioner nominees cannot take place at least until May 29.
In a preliminary objection to the case, the National Assembly has argued that the said suit is premature, as it seeks to injunct an already active matter before Parliament.The House argues that the petition is speculative, thus not justifiable, as it defies "the doctrine of ripeness."
The case was filed by two petitioners-Kelvin Roy Omondi and Boniface Mwangi.
"To the extent that the petition and the notice of motion challenge an ongoing constitutional process in respect of which no decision or action has been taken by the National Assembly, the petitioners’ notice of motion and petition are speculative and deals with prospective anticipatory circumstances rather than current or probable events," it says.
In its replying affidavit, it further avers that the petitioners have not exhausted all available avenues under the Constitution and the Standing Orders, thus, the petition and application violate the doctrine of exhaustion and are therefore premature.
Procedurally, upon receipt of the President's message on the nomination of the IEBC Chairperson and commissioners, the National Assembly Speaker relays the same to the House and commits it to the Departmental Committee on Justice and Legal Affairs for vetting.
It is upon conclusion of this process, which also includes public participation, that the Committee tables a report in the House on the approval or rejection of the nominees for further debate and vote on the Floor.
The National Assembly argues that the petitioners ought first to raise their objections before Parliament, prior to pursuing legal redress from the courts.
"The constitution grants the National Assembly “a general confirmatory mandate” of approving all persons recommended for appointment as members of constitutional commissions or holders of independent offices as part of the checks and balances against the other arms of governments and organs of the state, which is the practice in constitutional democracies," it argues.
"The public interest overwhelmingly favours the continuation of the approval process, particularly given that members of the public have already submitted memoranda and expect their views to be heard and considered by the Committee."
The Court has already granted conservatory orders in the petition, suspending the vetting process pending the hearing and determination on the same.
The House has asked the court to dismiss the conservatory orders dated May 13, 2025.
Erastus Edung Ethekon has been nominated for the chairperson position. Commission nominees are Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo and Fahima Abdalla.
High Court Judge, Justice Lawrence Mugambi, is due to give a ruling on the substantive orders sought by the petitioners to stop the vetting process pending the case's conclusion on May 29, 2025.
