MPs will on Saturday start vetting of the Independent Electoral and Boundaries Commission following a High Court decision lifting an initial injunction that had stalled the process.
The National Assembly on Friday announced the schedule of the approval hearings from 9.30 am to 4.30 pm at Parliament Buildings.
President Ruto nominated Erastus Ethekon as the next IEBC chairperson, as well as Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo and Fahima Abdalla as commissioners.
The vetting of the incoming electoral commission’ chiefs was stalled by a court case filed by three petitioners who argued that the list was not fairly balanced.
But the courts ruled that MPs could proceed with the vetting, inasmuch as the appointing authority has to wait for court nod to gazette and subsequently swear in the nominees.
Justice Lawrence Mugambi, who presided over the case on Thursday, ruled that while Parliament could continue with the vetting, the appointments cannot be finalised until the court resolves key constitutional questions.
The decision followed a petition filed by activists Boniface Mwangi and Kelvin Roy Omondi, who challenged the legality of the selection process.
MPs have protested the court gag, insisting that Parliament cannot be stopped from considering appointments, or any business, which is still under processing.
In a heated debate on Thursday, lawmakers led by Speaker Moses Wetang'ula said, "Let it be underscored that nobody under any law or constitutional provision has the authority to bar or injunct Parliament from executing its mandate."
He went on: "We firmly discourage and shall not condone any institutional overreach by one arm of government into the domain of another, particularly on matters where the law, the constitution and moral reasoning are abundantly clear."
Minority leader Junet Mohamed echoed the sentiments. "The Judiciary is expected to allow Parliament to conclude its work before any litigation can be entertained. That has been the tradition, and it has served this democracy well."
Wetang'ula thus ordered Justice and Legal Affairs Committee to proceed with the vetting and "report to the House without any further delay."
Early signs of the speedy implementation is the scheduling of the vetting on a Saturday.
According to the schedule, Ethekon will face the panel in the morning from 9. 30 am. Nderitu, the Registrar of Political Parties, will follow him at 10:30 a.m.
In the marathon sittings, which will be held over a single day, Mukwana will appear at 11.30 am, Sorobit at 12.30 pm and Noor at 2.30 pm.
Odhiambo will appear at 3.30 pm, and the vetting will conclude with Fahima at 4.30 pm.
The National Assembly had earlier invited Kenyans to submit their views on the suitability of the nominees by presenting sworn statements with supporting evidence contesting their fitness for office.
The delayed reconstitution of the electoral agency has triggered fears on the country’s preparedness for the 2027 election.
The Elections Observation Group national coordinator Mulle Musau told the Star on Wednesday that the delay is a great concern, especially for the pending electoral processes.
“It is a big concern to us, we are very worried as it hurts the electoral processes to be conducted by the commission,” Mulle said.
Already, six constituencies, one county and several wards are without representatives due to the long vacancy in the electoral body.
Some of the constituencies awaiting by-elections are Banisa, Kasipul, Magarini, Ugunja, Malava and Mbeere North.
INSTANT ANALYSIS:
The process to reconstitute the Independent Electoral and Boundaries Commission has been bogged down by legal bottlenecks from the setting of the selection panel, the list of shortlisted applicants, to the vetting process of the nominees. The decision to be rendered on Saturday will be crucial in determining how soon the country will have a fully constituted the commission.
