Speaking over the weekend, JLAC Vice Chairperson Mwengi Mutuse announced that the National Assembly will be approaching the court to request the dismissal of the cases.
Mutuse further asserted that the effort to reconstitute the IEBC has been influenced by individuals not interested in a functional electoral body.
“We have observed significant misconduct where certain individuals have approached the court to delay the reconstitution of the IEBC. This has been done with the aim of shifting the responsibility onto the government,” Mutuse asserted.
“We will proceed to court, including myself as a lawyer, to petition the court so that we facilitate the reconstitution of the IEBC,” he added.
The lawmaker also urged those opposing the reconstitution process of the electoral body to reveal their underlying motives.
“We want to declare that moving forward, for those orchestrating that scheme, you must disclose your intentions because we want the IEBC to be well-prepared,” Mutuse urged.
Mutuse’s statements come amid a rising number of court challenges against the constitution of the IEBC as the 2027 general elections approach.
Justice Lawerence Mugambi of the High Court on Friday dealt the process another setback when he ruled that the Independent Electoral and Boundaries Commission (IEBC) Amendment Bill 2023 was unconstitutional.
In his decision, Justice Mugambi cited the absence of public engagement during the formulation of the act as the basis for annulling the laws.
The ruling implied that all processes previously reached, including the agreement between President William Ruto and Raila Odinga stemming from the National Dialogue Committee Report (NADCO), would be rendered ineffective.
In February 2023, President Ruto established a seven-member selection panel two weeks after announcing the commissioner positions were vacant.
Ruto signed the IEBC (Amendment) Bill 2022 into law in January 2023, which mandated the Selection Panel to include representatives from the Parliamentary Service Commission, the Public Service Commission (PSC), the Political Parties Liaison Committee (PPLC), the Law Society of Kenya (LSK), and the Inter-Religious Council of Kenya.
