President Ruto Names Nine-Member Panel to Kick-start IEBC Reconstitution

President Ruto gazetted the nominees, stating in the official notice: “In exercise of the powers conferred by section 7A of the IEBC Act, as read with paragraph 1 (2) of the First Schedule to the Act, I, William Samoei Ruto, President of the Republic of Kenya and commander-in-chief of the defence forces, appoint…to be members of the selection panel for the recruitment of nominees for appointment as the chairperson and members of the IEBC.”  The panel includes Caroline Kituku, Amb. Dr. Koki Muli, Andrew Tanui Kipkoech, Nicodemus Bore Kipchichir, Kiome Linda Gakii, Oloo Adams, James Evans Misati, Nelson Makanda, and Fatuma Suman

The journey to establishing a new Independent Electoral and Boundaries Commission (IEBC) officially began after President William Ruto constituted a nine-member selection panel to oversee the recruitment of commissioners. 

This development comes in the wake of a High Court ruling in Kiambu last week that dismissed a petition challenging the panel’s composition. The case, filed by Bonface Njogu, argued that the panel lacked representation of persons with disabilities and failed to uphold the principle of regional balance enshrined in Article 10 of the Constitution. Njogu had specifically pointed out that four nominees—Caroline Kituku, Amb. Dr. Koki Muli, Andrew Tanui Kipkoech, and Nicodemus Bore Kipchichir—hail from the same region or community. 

Additionally, Njogu accused the Azimio la Umoja One Kenya Coalition of not conducting a competitive and transparent recruitment process, but this claim was unsubstantiated.  Another contention arose from Augustus Kyalo Muli of the National Liberal Party (NLP), who was initially selected to represent Azimio on the panel but was replaced by Dr. Muli. Kyalo appealed the High Court’s decision to dismiss his case, arguing that NLP’s lack of parliamentary representation should not disqualify his inclusion. However, no orders have been issued to halt the process. 

President Ruto gazetted the nominees, stating in the official notice: “In exercise of the powers conferred by section 7A of the IEBC Act, as read with paragraph 1 (2) of the First Schedule to the Act, I, William Samoei Ruto, President of the Republic of Kenya and commander-in-chief of the defence forces, appoint…to be members of the selection panel for the recruitment of nominees for appointment as the chairperson and members of the IEBC.”  The panel includes Caroline Kituku, Amb. Dr. Koki Muli, Andrew Tanui Kipkoech, Nicodemus Bore Kipchichir, Kiome Linda Gakii, Oloo Adams, James Evans Misati, Nelson Makanda, and Fatuma Suman. 

Fresh controversy surrounds Oloo Adams, recently appointed as an advisor to the president. Wiper leader Kalonzo Musyoka has called on Oloo to step down from his advisory role to avoid perceptions of bias. 

The IEBC has operated without a chairman and commissioners for over a year following the departure of Wafula Chebukati’s team. This delay has raised local and international concerns, with the next General Election less than three years away. 

The 2007 post-election violence and subsequent Kriegler Commission recommendations highlighted the necessity of constituting the electoral body at least three years before a General Election. Without commissioners, the IEBC secretariat has been unable to: 

  • Conduct by-elections in three constituencies and five wards. 
  • Complete delimitation of electoral boundaries, due last year. 
  • Resume voter registration and clean the voter register. 
  • Implement and operationalize the Kenya Integrated Elections Management System (KIEMS). 

The absence of leadership has also hindered the IEBC’s ability to engage donors, who provide significant financial support for electoral operations.  While the selection process is finally underway, concerns linger about potential political interference in appointing commissioners. The IEBC’s ability to deliver credible elections in 2027 will hinge on transparency, inclusivity, and independence in forming the new commission.