High Court Strikes Down Ruto-Raila 2023 IEBC Amendment Bill
The High Court has ruled the Independent Electoral and Boundaries Commission (IEBC) Amendment Bill 2023 as unconstitutional.
This decision, issued by Justice Lawrence Mugambi on Friday, December 13, adds a new obstacle to the already complex effort to restructure the electoral commission.
Justice Mugambi’s ruling cited the absence of adequate public participation as the key reason for invalidating the legislation.
The Bill, which proposes significant reforms to the operations and structure of the electoral commission, had already been enacted by President William Ruto.
In February 2023, President Ruto formed a seven-member selection panel shortly after declaring the commissioner positions vacant.
Earlier in January 2023, Ruto had signed the IEBC (Amendment) Bill 2022 into law, which required the selection panel to include representatives from the Parliamentary Service Commission, the Public Service Commission (PSC), the Political Parties Liaison Committee (PPLC), the Law Society of Kenya (LSK), and the Inter-Religious Council of Kenya.
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The passed Bill saw the Parliamentary Service Commission and the Inter-Religious Council of Kenya each appoint two members (one male and one female), while the PSC, PPLC, and LSK each nominated one member to the panel.
The new amendments increased the qualifications for commissioners, requiring at least 10 years of professional experience in relevant areas such as electoral management, finance, or ICT.
The law also set a new requirement for candidates for the chairperson position to meet qualifications comparable to those of a Supreme Court judge.
The Bill introduces transparency to the recruitment process by mandating the publication of applicants’ names and qualifications for public inspection. It also changes the commission’s decision-making process, requiring decisions to be made by unanimous or majority vote.
These reforms are part of the National Dialogue Committee (NADCO), established by President Ruto and the Azimio la Umoja One Kenya Coalition to resolve the protests that followed the 2022 elections.
High Court Strikes Down Ruto-Raila 2023 IEBC Amendment Bill
