A High Court in Nairobi has declined to temporarily stop the process of recruiting the IEBC chair and six commissioners pending the hearing of a case filed challenging the process.
Senator Okiya Omtatah filed a case challenging the process and seeking to halt the process until his case is heard and determined.
Justice Mugure Thande has however certified the matter as urgent. She further fixed the hearing of the case to be on April 13.
According to court papers, Omtatah wanted the IEBC Amendment Act No.1 of 2023, which paved way for changes in the composition of the IEBC selection panel invalidated.
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He claims that the law is invalid as it was passed by senators without considering the Senate Justice, Legal Affairs, and Human Rights Committee report.
“The Chairman of the Senate's Standing Committee on Justice, Legal Affairs and Human Rights was forced by the Executive to ambush the committee members. He unilaterally ambushed the Committee members and the House when he withdrew the Committee's report which he had tabled on behalf of the Committee, to avoid it being debated and subjected to a vote,” Omtatah’s petition reads in part.
Omtatah argues that by withdrawing the report which had recommended several amendments to the bill, the bill was passed without amendments.
