Forget 2027 polls if IEBC nominee list is annulled, State warns as petition faces court scrutiny

“With 25 months to the next election, if this list is annulled, we can forget about 2027."

by JAMES GICHIGI

News23 June 2025 - 19:30

In Summary

The petitioners contested the process, saying it failed to adhere to constitutional requirements for inclusivity and fairness.
Senior State Counsel Bitta, representing the Attorney General, disagreed, he said “This court cannot act as the nominating body. Its role is to assess legality, not merit."

The State has urged the High Court to dismiss a petition challenging the nomination of IEBC commissioners, warning that annulling the current shortlist could disrupt preparations for the 2027 general election.

On Monday, June 23, lawyer Moses Kipkogei, representing the second respondent, Head of Public Service, said the court must consider the implications of the case.

“With 25 months to the next election, if this list is annulled, we can forget about 2027,” Kipkogei argued.

He said the IEBC Selection Panel acted within its constitutional mandate and warned that any court interference at this point could upend the electoral timeline.

The petitioners, however, contested the process, saying it failed to adhere to constitutional requirements for inclusivity and fairness.

Their lawyer, Douglas Otieno, argued that the shortlist was expanded from 105 to 111 names through an addendum issued on March 15, 2025.

“We analysed the list and found that none of the reasons mentioned—regional balance, youth inclusion, or overall inclusivity—were met,” Otieno said.

“Eastern Province was entirely left out.”

Otieno also claimed that certain candidates, including Anne Nderitu and Fahima Abdalla, were ineligible as serving state officers.

According to him, the panel acted opaquely and failed to disclose scores or evaluation criteria, denying other candidates a fair chance.

Senior State Counsel Bitta, representing the Attorney General, disagreed.

“This court cannot act as the nominating body. Its role is to assess legality, not merit,” he said.

He added that the petition lacked a sound legal basis and pointed out that the Constitution does not define diversity by provinces, making arguments about Eastern Province irrelevant.

“The Constitution does not mention provinces. Diversity must reflect the face of Kenya,” Bitta said.

The court also sought clarification on how the constitutional requirement for five percent representation of persons with disabilities would be met if not considered at the point of appointment.

The hearing is set to continue.