Prof Adams Oloo has announced that he resigned as President William Ruto's advisor to take up a position on the Independent Electoral and Boundaries Commission (IEBC) selection panel.
In a statement, Prof Oloo said his resignation is contained in a letter to President Ruto dated January 24, 2025.
However, his revelation has raised many questions as to why he took so long to make public his resignation. His inclusion on the panel has been the subject of debate, including in the courts after lawyer Apollo Mboya filed a legal challenge.
The matter also came up during a media briefing by the panel in Naivasha on Tuesday. However, Prof Oloo did not make the revelation, instead the panel's deputy chairperson, Ms Charity Kisotu, told the press that there was no injunction preventing them from carrying out their duty of recruiting the IEBC channel.
Prof Oloo, Dr Nelson Makanda, Fatuma Saman, Amb Koki Muli, Evans Misati, Nicodemus Bore Kipchirchir, Andrew Tanui Kipkoech, Carolene Kituku and Linda Kiome Gakii were appointed to the panel through a gazette notice dated 27 January 2025.
Prof Oloo, a close ally of Mr Odinga, was appointed to the Executive Office of the President as an Advisor and Member of the President's Council of Economic Advisers on December 20, 2024. Prof Oloo was to serve as Advisor, Strategy and Communication.
"On December 20, 2024, President William Ruto appointed me as an Advisor and Member of the President’s Council of Economic Advisors. Subsequently, the President in conformity with my nomination by the Parliamentary Service Commission via gazette notice Vol CXXVII – No 17 appointed me as a member of the Selection Panel for the recruitment of nominees for appointment of the chairperson and members of the IEBC,” said Prof Oloo in the letter dated February 11, 2025.
He acknowledged that he has since received numerous petitions demanding that he resigns from one of the appointments.
“It is against this backdrop that I have decided to set the record straight. The last case that had orders prohibiting the Speaker from forwarding the nominees to the President was set aside on January 24, thus setting the stage for the Speaker to forward the names of the nominees to the President for gazettement,” he said.
He explained that he was nominated by the Parliamentary Service Commission (PSC) that had two slots. He said that he was nominated to one of the slots after a competitive interview conducted under the chairmanship of National Assembly Speaker Moses Wetang’ula on July 26, 2024.
“Given that my name was due to be forwarded to the President for formal gazettement as per the law. I, after consultation and in concurrence with the President, resigned from the position of the advisor to the President,” said Prof Oloo.
“That resignation is contained in a letter dated January 24, 2025. In my letter of resignation, I proffered my belief that getting the IEBC right is critical to our future stability as a nation and our efforts to nurture democracy and hence my desire to participate in the process devoid of perceptions of partiality.
That remains my position as I and my fellow panelists continue to undertake this noble task that with the support of all Kenyans can lead to the country having a credible electoral body,” he added.
Lawyer Mboya in his petition questioned Prof Oloo’s impartiality and independence in the selection process. He also alleged conflict of interest.
“Prof Oloo cannot faithfully, impartially and in good conscience be an independent representative of the Parliamentary Service Commission in the panel and an advisor to the President/Executive at the same time,” Lawyer Mboya said in the court papers.
“If that was constitutionally permissible, the need to provide for sectoral representatives as contemplated under the First Schedule of the IEBC Act would have been pointless. As it were, the Presidency/Executive may as well appoint all members of the panel,” he said.
