Former Law Society of Kenya chief executive Apollo Mboya lost a bid to stop Parliament from vetting the electoral commission nominees. Judge John Mativo declined to stop the National Assembly from carrying out the exercise pending determination of a case Mboya filed contesting their selection.
The judge ruled it would be imprudent to grant the order sought without giving IEBC selection panel an opportunity to respond to the issues raised in the matter. He thus directed the panel to respond to the suit within seven days.
Mboya had faulted the panel for failing to provide the criteria and justification it used to shortlist the candidates. He argued that the panel re-advertised and shortlisted candidates in contravention of the Constitution that requires the State not to discriminate against any persons on any ground.
He said the panel re-advertised for the position of IEBC chair outside the seven-day period within its appointment. He said the First Schedule of IEBC Act requires the panel within seven days of its appointment to invite application from qualified persons and publish names of all the applicants and their qualifications in print media.
He claimed that the candidates recommended to the President by the panel were not the most suitable and qualified for the advertised posts as was indicated in a press release dated December 22.
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