Busia Senator Okiya Omtatah has petitioned the court for an injunction to halt the recruitment of Independent Electoral and Boundaries Commission (IEBC) commissioners.
The legislator is asking the court to strike down a law that made it possible to alter the makeup of the selection committee in charge of hiring IEBC commissioners.
He is seeking a declaration that the IEBC (Amendment) Act No.1 of 2023 is unconstitutional because the senate rejected the Justice, Legal Affairs and Human Rights committee’s report.
Judge Mugure Thande on Wednesday certified Omtatah’s appeal as urgent and gave him the directive to serve the Attorney General, Speaker of the Senate, and Selection Panel so that they can file their replies.
Omtatah wants the court to halt all of the Selection Panel’s operations while the lawsuit is being heard.
Additionally, the lawmaker has requested that the court issue an interim order prohibiting the panel, which is led by Dr Nelson Makanda, from making any nominations or sending the names of the chosen candidates to the President for appointment.
Should the panel make recommendations and the President accepts them, Omtatah wants the court to stop the President from nominating anyone to the Commission until the matter is determined.
The senator claims that the law is null and void since it was voted by senators without taking into account the report of the senate committee.
“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,” says Omtatah.
The Senate passed the law on January 19, 2023 and was assented by President William Ruto on January 23.
As a result, Dr Ruto appointed Bethuel Sugut, Novince Euralia Atieno, Charity Kisotu, Evans Misati James, Benson Ngugi Njeri, Dr Nelson Makanda and Fatuma Saman, as members of the selection panel.
The case will be heard on April 6, 2023.
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