NAIROBI, Kenya, May 19 – Attorney General Dorcas Oduor has filed a preliminary objection in the case challenging the nomination of Independent Electoral and Boundaries Commission (IEBC) Commissioners by President William Ruto.
Oduor contended that the petition is non-justifiable as it has been filed in violation of the principle of ripeness.
She argued that the petitioner 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,” the court papers indicated.
She is now urging the court to dismiss the petition, arguing that the claim is premature and legally untenable.
The suit is challenging President Ruto’s recent nominations to the (IEBC).
The head of state had nominated Erastus Edung Ethekon as the next IEBC chairperson and also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.
According to the petitioners, Kelvin Roy Omondi and Boniface Mwangi, 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.