The High Court has declined to stop the recruitment of Independent Electoral and Boundaries Commission (IEBC) commissioners and chair pending the hearing and determination of a case filed by Busia senator Okiya Omtatah.
Justice Mugure Thande on Thursday, however, certified the matter as urgent and directed him to serve the respondents.
The IEBC Amendment Act 1 of 2023, which establishes a procedure for the appointment and selection panel for the recruitment of nominees for appointment as chair and members of the IEBC, is what Omtatah is attempting to have declared invalid in his complaint.
He contends that on January 19, 2023, the Senate passed the IEBC Amendment Bill 2022 in an unconstitutional and illegal manner.
He asserts that in order to prevent the committee report from being discussed and put to a vote, the chairman of the Senate’s standing Committee on Justice, Legal Affairs, and Human Rights unilaterally ambushed the committee’s members and the House and compelled him to withdraw it.
The lawmaker claims that the bill was passed without alterations because the report, which had suggested various changes to the bill, was withdrawn.
After considering the arguments made by the parties, Judge Thande stated that the subject is of considerable public importance and should be resolved quickly.
She also gave instructions for Omtatah to submit his petition by April 8 and for the IEBC and state to reply by April 11.
The matter will be heard on April 13.
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