Nairobi, Kenya – Petitioners challenging the nomination process of Independent Electoral and Boundaries Commission (IEBC) commissioners have asked the court to cite National Assembly Speaker Moses Wetang’ula for contempt of court.
Through their lawyer, Paul Muite, the petitioners argued that Wetang’ula defied existing court orders by gazetting the names of the commissioners despite the legal challenges pending before the court.
“It is our submission that the National Assembly—whose Speaker is Moses Wetang’ula, who happens to be my personal friend—has acted in contempt,” Muite told the court.
He added that Wetang’ula is already facing a separate contempt matter for allegedly holding dual positions as Speaker and Chairman of Ford-Kenya, which the court had previously questioned.
Muite emphasized the importance of respecting the judiciary’s authority, warning that defying court orders undermines constitutional governance.
Addressing concerns raised by respondents that the IEBC must be in place ahead of the 2027 general elections, Muite acknowledged the importance of elections but urged the court to focus on what he termed “the bigger evil”—the potential constitutional violations underpinning the appointment process.
The lawyer also questioned the legality of the Memorandum of Understanding (MoU) signed between the ruling coalition and the opposition, claiming it forms the basis for the disputed nomination process.
According to him, the MoU contravenes Article 3(2) of the Constitution, which prohibits attempts to establish a government structure outside the framework provided by the Constitution.
In response, the judge acknowledged the significance of the matters raised but indicated the court was not prepared to issue a ruling at this stage.
“We do appreciate these are important issues, but we are not making a determination now,” the judge stated.
By Were Kelly
