IEBC Selection Panel Under Fire for Adding Six Candidates to Shortlist Without Explanation

The Independent Electoral and Boundaries Commission (IEBC) recruitment process is under intense scrutiny after the selection panel added six candidates to the shortlist for chairperson and member positions.

This was shortly before interviews were scheduled to commence. The unexpected inclusion of these candidates has ignited concerns over the transparency and legality of the selection process, prompting legal experts and political figures to voice their unease. The six newly added candidates include Hassan Noor Hassan, a former Chief Administrative Secretary for Sports and Education and a 2022 Mandera County gubernatorial candidate, alongside Jibril Maalim Mohamed, Michael Ben Oliewo, Charles Kipyegon Mutai, Stephen Kibet Ngeno, and Joel Mwita Daniel. 

These individuals were part of the initial pool of 1,356 applicants for the commission’s open positions but were not originally included in the shortlist released on March 6. The IEBC selection panel, led by Dr. Nelson Makanda, has faced criticism for its lack of transparency regarding the inclusion of these candidates. Bob Mkangi, a legal expert and one of the drafters of Kenya’s 2010 Constitution, has described the move as "abnormal, irregular, illegal, unethical, and unconstitutional," emphasizing the potential for such actions to undermine the recruitment process's integrity and expose its outcomes to legal challenges.

Initially, the IEBC panel had shortlisted 11 candidates for the chairperson position and 105 for commissioner roles on March 14. On the same day, an addendum was issued, adding two more candidates for the chairperson role and 26 more for commissioner roles, without providing any justification for these changes. On March 25, the panel republished the list, now including the six controversial additions, citing the need to enhance compliance with constitutional principles of regional balance, youth representation, and inclusivity. 

However, critics have questioned how these principles were applied in practice. Opposition leaders have expressed strong criticism of the timing of these changes. Wiper Party leader Kalonzo Musyoka stresses the importance of transparency in the selection process, especially given the evolving political landscape, which now involves an informal understanding between the United Democratic Alliance (UDA) and the Orange Democratic Movement (ODM). Makueni Governor Mutula Kilonzo Junior has demanded detailed records explaining the inclusion of the six new names.

Legal scholar David Ochami has also highlighted the potential risks of undermining public confidence in the IEBC, noting that arbitrary alterations to the shortlist could lead to court challenges and invalidate the entire process. The IEBC selection panel's mandate, which began on January 27 following its formal appointment by President William Ruto, was recently extended by 14 days through a parliamentary resolution. 

"All fruits of a poisoned tree are themselves poisoned," he remarks, warning that the legitimacy of any appointments arising from this process could be compromised.

The commission faces pressing tasks, including by-elections in 11 constituencies and wards. These include Banissa constituency, following the death of MP Hassan Kullow, and Magarini constituency, where the Supreme Court upheld the nullification of Harrison Kombe's election.