NAIROBI, Kenya – High Court Judge Chacha Mwita is set to deliver a verdict in October on a petition seeking to nullify the appointment of Prof. Adams Oloo to the Independent Electoral and Boundaries Commission (IEBC) Selection Panel.
During court submissions on Friday, Prof. Oloo, represented by his lawyer, argued that the petition lacked merit and should be dismissed.
The defense highlighted that Oloo had already resigned from his previous role as an advisor to President William Ruto, effectively addressing concerns of conflict of interest raised by the petitioner.
Senior Counsel Apollo Mboya, the petitioner, insisted that Oloo’s appointment to the IEBC Selection Panel was inappropriate due to a conflict of interest.
“There’s a conflict of interest since he is serving two positions—one at the presidency and another as a member of the selection panel representing the legislature,” Mboya argued.
The petitioner urged the court to quash Oloo’s appointment, questioning the legitimacy of his role in the recruitment process for IEBC officials.
Prof. Oloo countered the claims, asserting that he had resigned from his advisory role to the President prior to his swearing-in as a member of the IEBC Selection Panel.
His lawyer presented a letter dated January 24, 2025, addressed to the President, in which Oloo formally resigned from the position of advisor and member of the President’s Council of Economic Advisors.
In his defense, Oloo emphasized his commitment to the IEBC Selection Panel’s mission, stating that his focus is on ensuring the integrity of the commission, which is critical to Kenya’s democratic process.
Prof. Oloo’s appointment to the IEBC Selection Panel came through the Public Service Commission (PSC) and was gazetted as official on January 27, 2025.
He joined other panel members, including Kiome Lindah Gakii, James Evans Misati, Nicodemus Kipchirchir Bore, Amb. Koki Muli Grignon, and Carolene Kituku, in the critical task of recruiting nominees for the IEBC chairperson and commissioners.
The court also heard that the petitioner failed to present sufficient evidence to support the allegations of impropriety against Oloo.
In his statement to the court, Prof. Oloo reiterated that his decision to step down from his presidential advisory role was guided by his dedication to the IEBC Selection Panel’s objective of strengthening Kenya’s electoral process.
“Getting the IEBC right is a critical move for the country’s democracy,” Oloo said, defending his resignation as a necessary step to avoid any conflict of interest.
Judge Mwita’s ruling in October will determine whether Oloo’s appointment to the IEBC Selection Panel stands or if the petition succeeds in challenging its validity.
