NAIROBI, Kenya, May 29 — National Assembly Speaker Moses Wetangula has insisted that the Justice and Legal Affairs Committee (JLAC) will proceed with the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC), despite a High Court order halting gazettement of a new poll body.
In a firm response to Thursday’s court directive, Wetangula maintained that Parliament must be allowed to discharge its constitutional mandate, adding that those aggrieved by the process are free to seek redress in court after Parliament has completed its work.
“Parliament is a constitutionally established institution, clothed with the authority to discharge its constitutional functions. Once a matter is before Parliament whether in committee or in plenary the proceedings carry equal weight and legal standing,” said Speaker Wetang’ula.
“For the avoidance of doubt, let it be underscored: nobody under any law or constitutional provision has the authority to bar or injunct Parliament from executing its mandate,” he stated.
The Speaker further disclosed that he is preparing a formal communication that will provide precedent-setting guidance on how Parliament should respond to perceived encroachments by other arms of government, particularly in matters under active consideration by parliamentary committees.
‘Institutional overreach’
Wetangula revealed that he had invited Chief Justice Martha Koome to convene a colloquium bringing together members of the Judiciary and Parliament.
“We must acknowledge that we need one another in service to the Republic. However, we will not condone institutional overreach by one arm of government into the domain of another,” he said.
His remarks come hours after Justice Lawrence Mugambi issued orders against an anticipated gazettement of the IEBC commissioners following a petition filed by activists Boniface Mwangi and Kelvin Roy.
The petition, filed through senior counsels Paul Muite and Douglas Otieno, challenges the legality of the selection process and raises significant constitutional questions.
Justice Mugambi referred the matter to Chief Justice Martha Koome for empanelment of a bench, emphasizing that the concerns must be fully addressed before formal appointments can proceed.
Parliament autonomy
The dispute now places two arms of government—Judiciary and Legislature—on conflicting paths with Parliament holding firm to its decisional independence.
While the Judiciary has paused the final step of gazettement, the Legislature is pushing ahead with the vetting process, which Speaker Wetangula says is well within its jurisdiction.
President William Ruto nominated Erastus Ethekon Edung as Chairperson of the IEBC and six others—Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah—as commissioners.
The nominations followed recommendations by a Selection Panel constituted to recruit new commissioners.