The Attorney General has asked to dismiss a case that was filed challenging the current nomination of IEBC commissioners by the President.
In court papers filed by the AG, she argues that the petition is non-justiciable as it has been filed in violation of the principle of ripeness.
Through state counsel Emmanuel Biita, he argues that the petitioners failed to exhaust constitutionally provided remedies at the first instance before seeking the court’s intervention, thereby breaching the doctrine of exhaustion.
“The exercise of jurisdiction by this Honourable Court at this stage of the appointment process of commissioners to an independent constitutional commission would contravene the doctrine of separation of powers, and amount to a usurpation of the legislature’s primary role in the approval process,” Biita said.
The AG says the court should dismiss the petition, arguing that it is premature and legally untenable.
In the case, Activists Boniface Mwangi and Kelvin Omondi filed the chase challenging President William Ruto’s recent nominations to the Independent Electoral and Boundaries Commission (IEBC).
They argue that the process is illegal and unconstitutional. They claim there is an imminent risk that the National Assembly may proceed to vet and approve the nominees, despite the flawed nature of the nomination process.
President Ruto has nominated Erastus Edung Ethekon as the next IEBC chairperson. He also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.
