battle for IEBC Chair Turns Ugly! Court Petition Seeks to Block Charles Nyachae, Joy Mdivo Over ‘Dirty Tricks’
A new legal fight is unfolding over the selection of Kenya’s next electoral commission chief. A petition has been filed to block Charles Nyachae and Joy Mdivo from being interviewed for the position of Chairperson of the Independent Electoral and Boundaries Commission (IEBC).
The case, brought by Operation Linda Jamii, claims that both candidates are not eligible because they hold public offices and have not resigned from them. The petition also raises concerns about possible conflicts of interest.
According to court documents filed at the High Court in Naivasha, the petitioners argue that Nyachae and Mdivo are state officers, violating Article 260 of the Constitution. This law prohibits public officials from holding more than one state position at the same time.
Nyachae is currently the Chairperson of the Council of the Kenya School of Government, while Mdivo serves as the Chairperson of the Kenya Power Board. Additionally, Mdivo leads the United Democratic Alliance (UDA) party Electoral Disputes Resolution Committee, raising questions about her neutrality in overseeing elections.
Prof. Fredrick Onyango Ogola, filing the petition on behalf of Operation Linda Jamii, argues that allowing politically connected individuals to join the IEBC would compromise its independence and erode public trust in elections.
The petition states: “By shortlisting persons who are constitutionally disqualified, the IEBC selection panel has violated the principles of good governance, transparency, and accountability.”
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Legal and civil society groups, including the Law Society of Kenya (LSK) and Katiba Institute, have joined the case as interested parties. The LSK insists that independent commissions must remain free from political influence, while Katiba Institute warns against weakening constitutional safeguards meant to ensure fair elections.
Further arguments against Mdivo highlight her strong ties to the ruling UDA party. The petition references a 2024 High Court ruling that barred politically affiliated individuals from holding independent state positions. It also compares Mdivo’s case to that of Prof. Adams Oloo, whose nomination to the IEBC selection panel was previously challenged on similar grounds.
The case is time-sensitive, as Nyachae and Mdivo’s interviews are scheduled for March 24 and March 25. The petitioners are seeking a court order to stop their participation in the process until the matter is resolved.
Nyachae and Mdivo are among 11 candidates shortlisted for the IEBC Chairperson position. Others in the race include former Judiciary Chief Registrar Anne Amadi, Abdulqadir Lorot Ramadhan, Edward Katama Ngeywa, Erastus Edung Ethekon, Francis Kakai Kissinger, Jacob Ngwele Muvengei, Lilian Wanjiku Manegene, Robert Akumu Asembo, and Saul Simiyu Wasilwa.
With the legal battle ongoing, the IEBC selection panel faces pressure to ensure a fair and lawful recruitment process. The final decision could have major implications for Kenya’s electoral integrity.
battle for IEBC Chair Turns Ugly! Court Petition Seeks to Block Charles Nyachae, Joy Mdivo Over ‘Dirty Tricks’
