Former LSK boss seek to stop vetting of IEBC nominees

Former Law Society of Kenya chief executive Apollo Mboya. He accuses a judicial officer of blocking his car at Kibera Law Courts. FILE PHOTO | NATION MEDIA GROUP.

What you need to know:

  • Mr Mboya, who wants the process temporarily halted, claims the selection panel violated the law in its recruitment process that ended with the names of two nominees for chairperson and nine for commissioners being forwarded to President Uhuru Kenyatta.
  • Mr Mboya argues that by not forwarding the most suitable and qualified candidates for the advertised positions, the selection panel consequently acted contrary to the principles of good governance, equality and non-discrimination.

Former Law Society of Kenya chief executive Apollo Mboya has challenged the vetting process for candidates nominated for positions in the Independent and Electoral Boundaries Commission slated to kick off on Tuesday.

In his lawsuit filed on Monday, Mr Mboya sued the panel that selected the nominees, the National Assembly and the Attorney-General.

Mr Mboya, who wants the process temporarily halted, claims the selection panel violated the law in its recruitment process that ended with the names of two nominees for chairperson and nine for commissioners being forwarded to President Uhuru Kenyatta.

He faults the selection panel for re-advertising the position of chairman, failing to publish the interview scores for each candidate and failing to forward the most qualified candidates.

“Unless the National Assembly is restrained, the candidates nominated for appointment as chairperson and members of IEBC will be vetted and appointed contrary to the law, it is in the interest of justice that my request is granted,” Mr Mboya pleads.

'INCONSISTENCIES' IN PROCESS

According to Mr Mboya, the selection panel breached the First Schedule of the 2011 IEBC Act and the 2016 Election Laws (Amended).

He claims the recruitment process was marred by inconsistencies.

In his case documents, the list of five candidates shortlisted for the position of chairperson scored between 63.17 per cent and 76.33.

Tukero Ole Kina and Wafula Chebukati scored the highest and lowest marks, respectively.

Mr Chebukati is expected to be the first to face the National Assembly’s Justice and Legal Affairs Committee to defend his suitability for the position.

This is after President Kenyatta picked him instead of Mr Kina, who was widely viewed as the most suitable nominee.

Three candidates for the position of commissioner — Consolata Nkatha Bucha Maina, Boya Molu and Roselyne Kwamboka Akombe — have been slotted for vetting at County Hall, Nairobi, starting at 10am.

The other three — Paul Kibiwot Kurgat, Margaret Wanjala Mwachanya and Abdi Guliye — will face the MPs on Wednesday.

VALUES 'CONTRAVENED'

Mr Mboya argues that by not forwarding the most suitable and qualified candidates for the advertised positions, the selection panel consequently acted contrary to the principles of good governance, equality and non-discrimination.

“The selection panel contravened values and principles of public service which includes accountability for administrative acts, transparency as well as provision to the public timely, accurate information, representation of Kenya’s diverse communities, fair competition and merit as the basis for appointments and promotions,” Mr Mboya argues.

He, therefore, wants the list of names forwarded to the President and later to the National Assembly declared invalid as well as struck off.

He also wants it declared that members of the selection panel contravened the oath of office they were required to subscribe to and hence the vetting of the candidates is invalid on account of a flawed process.

The case has been certified urgent and is expected to be heard on Tuesday.