The National Assembly has asked the High Court to strike out a petition seeking to stop the vetting of the Independent Electoral and Boundaries Commission (IEBC) Chairperson and Commissioners.
Through a preliminary objection to a case already before the High Court, the National Assembly argues that the said suit is premature, as it seeks to injunct an already active matter before Parliament.
The House argues that the Petition filed by Kelvin Roy Omondi and Boniface Mwangi is speculative, thus not justifiable as it defies “the doctrine of ripeness.”
“To the extent that Petition and the Notice of Motion challenges an ongoing constitutional process in respect of which no decision or action has been taken by the National Assembly, the Petitioners’ Notice of Motion and Petition are speculative and deals with prospective anticipatory circumstances rather than current or probable events,” argues the National Assembly.
In the replying affidavit, the National Assembly further avers that the Petitioners have not exhausted all available avenues under the Constitution and the Standing Orders, thus the Petition and Application violate the doctrine of exhaustion and are therefore premature.
Procedurally, upon receipt of the President’s message on the nomination of the IEBC Chairperson and Commissioners, the National Assembly Speaker relays the same to the House and commits it to the Departmental Committee on Justice and Legal Affairs for vetting.
It’s upon conclusion of this process, which also includes public participation, that the Committee tables a report in the House on the approval or rejection of the nominees for further debate and vote on the Floor.
The National Assembly argues that the Petitioners ought first to raise their objections before Parliament, prior to pursuing legal redress from the courts.
“The Constitution grants the National Assembly “a general confirmatory mandate” of approving all persons recommended for appointment as members of constitutional commissions or holders of independent offices as part of the checks and balances against the other arms of governments and organs of the state, which is the practice in constitutional democracies,” argues the National Assembly in an affidavit before Court.
It adds: “The public interest overwhelmingly favours the continuation of the approval process, particularly given that members of the public have already submitted memoranda and expect their views to be heard and considered by the Committee.”
Meanwhile, the Court has already granted conservatory orders in the petition, suspending the vetting process pending the hearing and determination on the same.
The House has asked the Court to dismiss the conservatory orders dated 13th May, 2025.
The nominees are Erastus Edung Ethekon for IEBC Chairperson and Commission nominees Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo and Fahima Abdalla.
