This landmark ruling centers on a challenge against the law that altered the process for appointing commissioners to the Independent Electoral and Boundaries Commission (IEBC).
The petition, filed by several concerned parties, argued that the law was passed without adhering to the necessary constitutional procedures, including the requirement for public participation.
The amendment to the IEBC Act sought to streamline the process of appointing the commission's officials, specifically the panel responsible for selecting the chairperson and six other members.
However, critics contended that the process lacked transparency and excluded essential steps, such as full public participation and adequate debate.
In particular, the petitioners raised concerns about the failure to follow due process in the Senate when the Bill was being debated, claiming that critical amendments were introduced without proper scrutiny.
The High Court's decision stems from these procedural flaws, as well as broader concerns over the potential undermining of Kenya’s democratic institutions.
The court ruled that the amendments, which were passed by the Senate and later assented to by the President, did not meet the constitutional requirements that safeguard transparency and accountability in public office appointments.
As a result, the panel established under the amended law, tasked with selecting IEBC commissioners, has been rendered unlawful.
The ruling has broad implications, particularly concerning the ongoing process of appointing new members to the IEBC, which has been under scrutiny since the 2022 general elections.
This development has also sparked discussions about the role of public participation in lawmaking and the need for more rigorous checks on executive actions.
While the government may seek to appeal the decision, the court’s stance reaffirms the importance of adherence to constitutional principles in the governance of key national institutions.
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