A city lawyer and two young activists have filed a petition in the High Court seeking to suspend the ongoing recruitment process for the Independent Electoral and Boundaries Commission (IEBC).
The petitioners claim that the current recruitment exercise, aimed at filling vacancies for the Chairperson and Members of the IEBC, is unconstitutional and discriminatory.
Advocate Dickson Morara Omoke, along with Moses Kidi Odasia Mwaga and Angela Mbuthia, are challenging the process, citing violations of fundamental rights and the exclusion of qualified young applicants from the shortlist.
According to court documents, Section 6(2)(c) of the IEBC Act mandates that candidates for membership must possess at least 10 years of experience in specific fields. The petitioners argue that this requirement unfairly disadvantages young people by setting excessively high experience thresholds.
They further contend that the recruitment procedures are inherently flawed and discriminatory, particularly against the youth and marginalized groups.
Additionally, the petitioners assert that the selection panel’s shortlisting process infringes on constitutional rights enshrined in Articles 27, 35, and 47 of the Kenyan Constitution, which guarantee non-discrimination, access to information, and a fair and transparent process.
Moses Kidi Odasia Mwaga, the convener of the Inter Partes Youth Forum and a lead petitioner, voiced his concerns over the exclusion of young people from the IEBC recruitment process.
“We are advocating for the inclusion of youth in key national leadership roles,” he stated. “The current recruitment process is not only discriminatory but also sidelines competent young individuals who could make valuable contributions to our electoral system.”
The dispute centers on the recruitment process initiated by the Selection Panel for IEBC positions through a gazette notice on March 1, 2023. The notice invited applications for the roles of Chairperson and six Commission Members.
Despite receiving numerous applications, the petitioners argue that the process has been plagued by a lack of transparency, the exclusion of qualified young applicants, and the participation of state officers who should have been disqualified due to their government positions.
Angela Mbuthia, Chairperson of the Jubilee Youth League and one of the petitioners, highlighted the lack of youth representation among the shortlisted candidates for the IEBC positions.
