Lawyer Apollo Mboya has filed a court case aimed at one of the newly appointed members, causing further delays in the process of establishing the Independent Electoral and Boundaries Commission (IEBC).
A petition was filed by the lawyer at the High Court to contest Professor Adams Oloo’s appointment to the IEBC Selection panel. President William Ruto made the appointment.
Lawyer Apollo Mboya contended in a petition submitted to the Milimani Court that Oloo’s appointment posed a conflict of interest due to his role as an advisor to the President.
The lawyer noted that the appointment violated the principle of separation of powers and representation established by the IEBC Act Cap 7C, given that he already holds the position of Strategy and Communications Advisor in the Office of the President.
Moreover, the petitioner contends that Oloo cannot serve as a faithful, impartial, and conscientious independent representative of the Parliamentary Service Commission on a panel that is legally intended to act as a watchdog for the public.
The petition states that while serving as a presidential advisor, Prof. Oloo cannot claim to represent the people he was appointed to act for.
The lawyer noted that the appointment violated the principle of separation of powers and representation established by the IEBC Act Cap 7C, given that he already holds the position of Strategy and Communications Advisor in the Office of the President.
Moreover, the petitioner contends that Oloo cannot serve as a faithful, impartial, and conscientious independent representative of the Parliamentary Service Commission on a panel that is legally intended to act as a watchdog for the public.
The petition states that while serving as a presidential advisor, Prof. Oloo cannot claim to represent the people he was appointed to act for.
The lawyer is thus seeking a court action against the panel member before the vetting process for applicants for IEBC chairperson and commissioner positions begins.
On February 2, the Chairperson of the panel, Nelson Makanda, called on those interested in the position to submit their applications by February 15.
Amid pressure from various stakeholders, including Kenyans, to urgently form the IEBC selection panel due to claims of his interference with independent institutions and reform stalling, President Ruto appointed the seven-member panel.
Chief Justice Martha Koome oversaw the swearing-in of the seven appointed panel members on Monday, January 27. The seven comprised Kiome Lindah Gakii, Prof. Oloo Adams, James Evans Misati, Nicodemus Kipchirchir Bore, Ambassador Koki Muli Grignon, Tanui Andrew Kipkoech, Dr., and Nelson Makanda.
