Amos Khaemba, a journalist at TUKO.co.ke, brings over four years of experience covering politics and current affairs in Kenya.

- The National Assembly has asked the High Court to strike out a petition seeking to stop the vetting for the Independent Electoral and Boundaries Commission (IEBC) Chairperson and Commissioners.

The National Assembly has filed a preliminary objection to a case currently before the High Court, arguing that the suit is premature as it seeks to halt a matter already underway in Parliament.

The Assembly contends that the petition filed by Kelvin Roy Omondi and Boniface Mwangi is speculative and therefore unjustifiable, as it violates the “doctrine of ripeness.”

"Since the petition and notice of motion challenge an ongoing constitutional process in which no decision or action has yet been taken by the National Assembly, the petitioners’ claims are speculative and concern hypothetical future events rather than current or probable occurrences," the National Assembly said.

In its replying affidavit, the Assembly further states that the petitioners have not exhausted all available constitutional and procedural remedies, rendering the petition and application premature and in breach of the “doctrine of exhaustion.”

Procedurally, once the president’s message on the nomination of the IEBC Chairperson and Commissioners is received, the National Assembly Speaker forwards it to the House and refers it to the Departmental Committee on Justice and Legal Affairs for vetting.

Following this, and after public participation, the Committee presents a report to the House recommending approval or rejection of the nominees for further debate and voting.

The National Assembly argues that the petitioners should have raised their concerns within Parliament before seeking legal intervention.

They stress that the Constitution grants the Assembly a “general confirmatory mandate” to approve appointments to constitutional commissions and independent offices, serving as a key check and balance among government arms, as is common practice in constitutional democracies.

The Assembly adds that the public interest in completing the electoral body’s reconstitution outweighs the petitioners’ claims.

“The public interest strongly supports the continuation of the approval process, especially since members of the public have already submitted memoranda and expect their views to be heard and considered by the Committee," they argued.

As previously reported, High Court Judge Lawrence Mugambi granted conservatory orders suspending the vetting process pending a full hearing of the case.

The nominees include Erastus Edung Ethekon for IEBC Chairperson, and commissioners Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo, and Fahima Abdalla.

The Judge is scheduled to rule on the substantive orders to stop the vetting process until the case concludes on May 29, 2025.

Source: TUKO.co.ke