National Assembly wants petition blocking IEBC vetting dismissed

The National Assembly has asked the High Court to throw out a petition seeking to stop the vetting of nominees for the Independent Electoral and Boundaries Commission, arguing that it is premature and speculative.

The House was scheduled to begin the approval hearings for the IEBC chairperson and six commissioners through the Justice and Legal Affairs Committee on May 27.

However, the process was put on hold until at least May 29 following conservatory orders issued by the court.

The petition challenging the process was filed by Kelvin Roy Omondi and Boniface Mwangi.

In its response, the National Assembly claims the petition fails to meet the threshold for court intervention.

"To the extent that the petition and the notice of motion challenge an ongoing constitutional process in respect of which no decision or action has been taken by the National Assembly, the petitioners’ notice of motion and petition are speculative and deals with prospective anticipatory circumstances rather than current or probable events," it says.

The House further argues that the petitioners did not exhaust available options under the Constitution and the Standing Orders, stating that the case violates the doctrine of exhaustion.

According to the procedure, once the President submits the names of nominees, the National Assembly Speaker conveys them to the House and assigns them to the Justice and Legal Affairs Committee.

The committee is expected to conduct public hearings and table a report recommending approval or rejection of the nominees, which is then debated and voted on by the full House.

The National Assembly says the petitioners should have raised their concerns before Parliament instead of rushing to court.

"The constitution grants the National Assembly “a general confirmatory mandate” of approving all persons recommended for appointment as members of constitutional commissions or holders of independent offices as part of the checks and balances against the other arms of governments and organs of the state, which is the practice in constitutional democracies," it argues.

It also claims that public interest supports continuing the process, noting that members of the public have already submitted memoranda expecting their views to be heard.

"The public interest overwhelmingly favours the continuation of the approval process, particularly given that members of the public have already submitted memoranda and expect their views to be heard and considered by the Committee."

The National Assembly has also asked the court to dismiss the conservatory orders issued on May 13.

The nominees include Erastus Edung Ethekon for the chairperson position and Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo and Fahima Abdalla as commissioners.

Justice Lawrence Mugambi is expected to rule on whether the vetting process should remain suspended pending the outcome of the petition on May 29.