This appointment now sets the stage for the formal gazettement and swearing-in of the panel, tasked with overseeing the recruitment of new IEBC commissioners.
The IEBC has been in a state of disarray since the resignation of several commissioners following the contentious 2022 General Election, rendering it incapable of fulfilling its mandate.
Currently, the commission is not properly constituted to conduct elections or manage voter-related activities.
In a ruling delivered by Justice Janet Mulwa on Tuesday, the High Court cleared the way for Azimio to nominate a candidate to the selection panel.
Azimio was given a strict deadline of October 24, 2024, at 3 p.m. to submit its nominee.
The ruling also ordered the coalition to hold a fresh election for its representative to the IEBC Selection Panel within 48 hours of the judgment, in line with the IEBC (Amendment) Act 2024.
Justice Mulwa emphasized that this election must adhere to Sections 2(B) and 2(C) of the First Schedule of the IEBC (Amendment) Act, ensuring compliance with the legal framework guiding the reconstitution process.
“The court further directs and orders that the Fresh Election for Minority Coalition Cluster for nominees to the IEBC selection panel be held in strict compliance with the provisions of Sections 2(B) and 2(C) of the First Schedule of IEBC (Amendment) Act 2024, within 48 hours of this judgment/orders, and in any event not later than 3.00 pm on 24/10/2024,” the judge ruled.
Meanwhile, concerns over the delay in appointing new IEBC commissioners have drawn attention from the international community.
U.S. Ambassador to Kenya, Meg Whitman, issued a stern warning that Kenya’s democratic stability is at risk due to the prolonged vacancy at the IEBC.
In a statement following a meeting with IEBC CEO Marjan Hussein Marjan, Whitman underscored the importance of swiftly addressing the commission’s reconstitution.
“IEBC Kenya’s ability to support democracy in Kenya is at risk without the recruitment of commissioners or parliamentary action to provide IEBC funding for voter registration, by-elections, and other election activities,” the U.S. Embassy in Nairobi noted in a post on X (formerly Twitter).