IEBC Commissioner nominee Hassan Noor Hassan/FILEThe High Court shed light on the controversy surrounding the inclusion of Hassan Noor Hassan in the IEBC nominee list and issued a ruling on the legality of the process.
In a judgment delivered on Thursday, the bench dismissed allegations that Noor was “snuck in” midway through the recruitment process, ruling instead that his inclusion was lawful, transparent, and grounded in constitutional values of inclusivity and fairness.
The court found that the IEBC selection panel acted in good faith when it republished an expanded shortlist, including Noor, prior to interviews, and noted that no legal procedures were breached in the process.
Petitioners had alleged that Noor, listed as the fifth interested party, was not part of the initial shortlist published on March 5, 2025, and was irregularly included in a subsequent list without lawful justification.
They contended that his inclusion violated the principles of transparency, fairness, equality, and public participation as required by Articles 10, 27, 47, and 232 of the Constitution.
According to them, the process discriminated against other candidates and created a perception of political manipulation.
The court, however, found that Noor had appeared as applicant number 985 on the long list of 1,356 candidates and was later included when the panel republished the shortlist on March 25, 2025 — before the interviews commenced.
“He was scheduled for an interview on April 24 at 12:30 pm, a fact acknowledged in the petition,” Justice Bahati Mwamuye noted.
The respondents had explained that the shortlist was revised to improve regional balance, youth representation, and overall inclusivity in accordance with constitutional expectations.
The three judge bench noted that no other candidate from the original shortlist had come forward to claim prejudice or unfair treatment as a result of the updated list.
“Accordingly, we find and rule that the republished shortlist did not offend Article 10, 27, 47, or 232 of the Constitution,” the bench ruled.
“On the contrary, the IEBC selection panel’s action, which was taken transparently and explained publicly, demonstrates good faith efforts to align the selection process with Kenyan constitutional ethos.”
Additionally, the court found no evidence that Noor’s inclusion was covert or arbitrary and concluded that the panel did not violate any procedural laws.
The claim that Noor was secretly smuggled into the process
was, therefore, dismissed for lack of merit.
