The Clerk of the Senate Jeremiah Nyegenye has moved to court seeking to suspend an order blocking Parliament from presenting names of the electoral body selection panel to President William Ruto.
Mr Nyegenye, who is also the secretary of the Parliamentary Service Commission (PSC) said in the petition that there are strict timelines to be followed in the process of appointing the chairman and commissioners of the Independent Electoral and Boundaries Commission (IEBC).
He added that the Political Parties Tribunal blocked the presentation of names of nominees appointed by other bodies and whose nominations have not been disputed.
The tribunal stopped the Senate from forwarding the names of the nominees without Mr Agustus Kyalo's name to President Ruto for appointment to the selection panel.
High Court judge Jairus Ngaah, however, said there was no urgency in the matter as the case is coming up for mention on August 15 and the tribunal will give directions on the timelines for the resolution of the dispute.
“Considering that the dispute in question is before the Political Parties Disputes Tribunal and that it is set for mention next week 15 August 2024, I see no urgency in the present application,” the judge said.
Justice Ngaah allowed Mr Nyegenye to go ahead and file the main case challenging the tribunal’s order.
The judge directed the case be mentioned on September 30, for purposes of taking directions on the hearing.
Mr Nyegenye said there are currently no commissioners of the IEBC a situation that may lead to a constitutional crisis in the country.
The Clerk of the Senate said the IEBC (Amendment) Act 2024 has strict timelines for the undertaking of activities of the selection panel and the time started running immediately after the Act came into force.
“Time is therefore of the essence and the orders of the 1st respondent (tribunal) prohibiting the applicant from submitting the names of the nominees including those that are not under the jurisdiction of the 1st respondent and not varying or set them aside despite the applicant having brought it to the attention shall affect the strict statutory timelines,” he said.
He said it was urgent and imperative that the commissioners be in office as soon as possible to avert a crisis.
He said the order affects all nine nominees to the selection panel nominated by various bodies namely, PSC, Political Parties Liaison Committee, Law Society of Kenya, Institute of Certified Public Accountants of Kenya and Inter-Religious Council of Kenya.
“The orders are punitive and seek to prejudice the appointment of the selection panel of six of the nine nominees to the panel, who are not covered by the jurisdiction of the tribunal,” he said.
