A Judge has ruled that Independent Electoral and Boundaries Commission acted outside the constitution by setting 15 years’ experience for the vacant position of chief executive officer.
Consequently, Justice Hellen Wasilwa ordered the Commission to place a new advertisement, in strict compliance with IEBC Act and the constitution.
This was after Henry Matundu moved to court seeking a declaration that the vacancy notice titled “vacancy in the position of a commission secretary/CEO of IEBC” saying it was unconstitutional, null and void.
The judge said Section 10(2) of the IEBC Act stipulates the requisite qualifications for the commission’s secretary, and that the qualifications are stated in mandatory terms, so there should be no “regression, addition or subtraction to the said qualifications”.
The commission, through Chairperson Wafula Chebukati, published the notice inviting interested people to apply for the position of CEO/commission secretary, by Wednesday, January 31, 2019.
Mutundu moved to court to stop the process, arguing that the position is underpinned by specific statutory provisions. He said it is a position of high trust meant to advance electoral democracy, so the recruitment should be beyond reproach. He argued that the recruitment was not open, transparent, competitive and accountable as required by the Constitution.
Mutundu, a voter in Masinga, Machakos County, added that the requirement of 15 years proven relevant experience is contrary to section 10 of the IEBC Act, which requires a minimum of five years’ experience.
The Judge, agreed with him stating that some requirements by the commission were beyond IEBC’s mandate.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via firstname.lastname@example.org