The process of forming a new Independent Electoral and Boundaries Commission (IEBC) has hit yet another obstacle.
This comes following a legal challenge to one of the appointments to the newly established IEBC selection panel. On this occasion, lawyer Apollo Mboya has moved to the High Court, seeking to block the appointment of Professor Adams Oloo, who was recently named as one of the members of the panel.
Oloo’s appointment was made by President William Ruto as part of the government’s efforts to establish a new IEBC body ahead of 2027 polls, but Mboya argues that this decision creates a significant conflict of interest.
In the petition filed at the Milimani Law Court, Mboya claims that Oloo’s appointment as a member of the IEBC selection panel is in direct violation of the principle of impartiality and separation of powers.
The lawyer stresses that the IEBC Selection Panel, which will eventually vet candidates for the position of IEBC chairperson and commissioners, must be able to operate free from any political influence in order to uphold the credibility of Kenya’s electoral processes.
Oloo currently holds the position of Strategy and Communications Advisor in the Office of the President, and is being accused of inability to fairly serve as a representative of the Parliamentary Service Commission—one of the key stakeholders in the selection process. Mboya argues that given Oloo’s proximity to the president, he cannot be expected to operate independently and in good faith, especially in his role on a panel that is meant to function as a neutral body overseeing the selection of new IEBC commissioners.
IEBC Act (Cap 7C) is intended to ensure that the commission, and the process by which its members are selected, maintains independence from political interference. In light of these concerns, Mboya is asking the court to intervene before the process of vetting candidates for the IEBC chairperson and commissioners begins.
