Court Set to Hear Urgent Appeal Over Controversial IEBC Nomination Revocation.
Court Set to Hear Urgent Appeal Over Controversial IEBC Nomination Revocation.
In a fast-developing legal battle, the High Court of Kenya is set to hear an urgent appeal filed by Amb. Dr. Koki Muli Grignon, whose nomination to the Independent Electoral and Boundaries Commission (IEBC) Selection Panel was controversially revoked. The appeal, being treated as a matter of urgency, challenges a ruling made by the Political Parties Dispute Tribunal (PPDT) on September 10, 2024, which revoked Dr. Koki Muli’s nomination, leading to significant political and legal fallout.
At the center of this case is a decision rendered in the complaint Dr. Augustus Kyalo Muli vs. Azimio la Umoja One Kenya Coalition & Others. The tribunal ruled in favor of Dr. Augustus Muli, who had challenged Amb. Dr. Koki Muli Grignon’s nomination to represent the Azimio la Umoja One Kenya Coalition on the IEBC Selection Panel after he won the IEBC selection elections and he was supposed to be the one nominated. Amb. Dr. Koki Muli said that the dispute tribunal made its decision without Dr. Koki Muli’s participation, a move her legal team has described as a “flagrant violation of natural justice.”
bellow is the election results showing clearly that Dr. Agustus Kyalo Muli won in the IEBC selection panel nominations.
In her urgent appeal, Dr. Koki Muli contends that she was never served with any court papers or informed of the proceedings that led to her ouster. According to her advocate, Arnold Ochieng Oginga, the tribunal condemned her without giving her an opportunity to be heard, which is contrary to the principles enshrined in Kenya’s Constitution.
The PPDT’s ruling not only revoked Dr. Koki Muli’s nomination but also issued an interim order prohibiting her gazettement and swearing-in as a member of the IEBC selection panel. The selection panel plays a critical role in overseeing appointments to the IEBC, making the tribunal’s decision all the more significant in Kenya’s delicate political environment.
certificate awarded to Dr. Agustus Kyalo Muli after winning the IEBC selection panel nominations
A Precedent for Political Nominations?
The case has raised important questions about the fairness of political nomination processes, especially within the context of Kenya’s complex political landscape. Azimio la Umoja One Kenya Coalition, the party that nominated Dr. Koki Muli, has also joined the appeal, arguing that the tribunal overstepped its authority by removing its nominee without just cause.
The legal proceedings have brought to light concerns about gender parity in political nominations, with Dr. Muli’s legal team highlighting that her appointment had met the gender compliance requirements. The appeal challenges the tribunal’s order, which had favored Dr. Augustus Kyalo Muli’s claim to the nomination, revoking Dr. Koki Muli’s without a fair hearing.
Court Directions and Tight Timelines
The High Court has moved quickly in response to the urgency of the matter. On September 19, 2024, Judge Janet Mulwa issued directions requiring all respondents and interested parties including the Political Parties Liaison Committee and the Party of National Unity to file their responses within two days. The court has also directed the PPDT to provide all records and judgments from the disputed complaint by September 30, 2024.
Submissions will be highlighted in court on October 1, 2024, at 2:30 PM, setting the stage for a swift resolution of the matter.
Political Implications
The outcome of this case could have far reaching implications for political nominations across Kenya, particularly in the lead-up to critical electoral preparations. The IEBC selection panel is responsible for ensuring a transparent and fair process for choosing commissioners, making the integrity of its membership vital.
While Dr. Koki Muli Grignon challenges the tribunal’s decision, it is important to recognize the position of Dr. Augustus Kyalo Muli, who has been at the forefront of ensuring fairness in political representation. Dr. Augustus Muli successfully argued his case before the Political Parties Dispute Tribunal, securing a decision that recognized his legitimate concerns over the nomination process. He had claimed that the selection process for the IEBC panel lacked transparency and fairness by Azimio, advocating for a more inclusive approach.
Dr. Augustus Muli’s victory at the tribunal was a significant milestone, as it highlighted the importance of adherence to proper procedures, especially in politically sensitive nominations. His actions, reflect a broader fight for accountable leadership and representation. By challenging what he saw as an unfair process, Dr. Muli set a precedent for others who feel marginalized by political systems that don’t always operate with full transparency.
As the High Court prepares to hear this appeal, the case has become more than just a fight over a nomination. It now represents a battle for the rule of law and the right to a fair hearing principles that are fundamental to Kenya’s democracy. The court’s decision will be closely watched not just by political players but by all Kenyans invested in the future of the country’s electoral system.
