High Court Overturns IEBC Amendment Act 2023 Over Public Input Gaps
Justice Lawrence Mugambi invalidated the IEBC (Amendment) Act No. 1 of 2023, declaring it unconstitutional. The court ruled that lawmakers passed the Act without adequately considering public and stakeholder views.
“The Senate deliberated on the Bill in its original form, excluding amendments informed by public participation,” Justice Mugambi stated. The judgment emphasized violations of Articles 10 and 118 of the Constitution, rendering the Act void.
Key Reasons Behind the Nullification
The controversy began when the Senate Legal Affairs Committee withdrew its report, which included public recommendations. Despite this, the Senate pushed the Bill forward in its unaltered form.
Busia Senator Okiya Omtatah pointed out the irregularity, stating, “The Committee stage is where public participation informs the Bill. Skipping it violated constitutional requirements.” The High Court agreed, finding the legislative process flawed.
Parliament’s Response to the Ruling
Parliament dismissed the court’s decision, claiming it no longer mattered. Lawmakers argued the IEBC (Amendment) Act, 2024, had already replaced the 2023 version.
In a statement, Parliament said, “While the petition was ongoing, we amended the IEBC Act in 2024 to reflect NADCO’s recommendations.”
Broader Implications for Kenya
The 2023 Act aimed to expand the IEBC Selection Panel from seven to nine members and reorganize its composition. However, its passage without public input raised concerns about government accountability.
Parliament argued the ruling could delay IEBC chairperson recruitment, affecting constituency reviews. Still, the court upheld its decision to defend constitutional principles.
A Blow to Ruto’s Leadership
This ruling challenges President William Ruto’s administration, which supported the amendment. The decision underscores the importance of following constitutional procedures and prioritizing public input in governance.
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High Court Overturns IEBC Amendment Act 2023 Over Public Input Gaps
