A fresh legal battle is brewing over the selection of Kenya’s next electoral body chief, as a petition has been filed to bar Charles Nyachae and Joy Mdivo from being interviewed for the position of Chairperson of the Independent Electoral and Boundaries Commission (IEBC).
The petition, lodged by Operation Linda Jamii, alleges that the two candidates are ineligible for the role due to their current public offices, which they have yet to relinquish, and potential conflicts of interest.
According to court documents filed at the High Court in Naivasha, the petitioners argue that both Nyachae and Mdivo hold State offices, a violation of Article 260 of the Constitution, which prohibits public officers from holding more than one state position simultaneously.
Nyachae is currently the Chairperson of the Council of the Kenya School of Government, while Mdivo serves as the Chairperson of the Kenya Power Board.
Furthermore, Mdivo’s role as the head of the United Democratic Alliance (UDA) party Electoral Disputes Resolution Committee has raised concerns about her impartiality, given the IEBC’s mandate to oversee elections in a neutral manner.
The petition, filed by Prof. Fredrick Onyango Ogola on behalf of Operation Linda Jamii, cites constitutional provisions on leadership and integrity, arguing that the selection panel’s decision to shortlist the two is unlawful.
The organization insists that allowing politically affiliated individuals or those in State employment to take up positions within the IEBC compromises the independence of the institution, undermining public trust in the electoral process.
“By shortlisting persons who are constitutionally disqualified, the IEBC selection panel has violated the Constitution and the principles of good governance, transparency, and accountability,” reads part of the petition.
The case has attracted interest from various legal and civil society organizations, including the Law Society of Kenya (LSK) and Katiba Institute, both of which have been enjoined in the matter as interested parties.
The LSK has reiterated that independent commissions should remain free from political influence, while Katiba Institute has warned against the erosion of constitutional safeguards meant to ensure fairness in electoral management.
Further supporting the case against Mdivo, an additional submission opposes her nomination, detailing her extensive ties to the ruling UDA party.
The document references recent court rulings, including the 2024 High Court decision on Jubilee Party officials, which established that politically affiliated individuals cannot hold independent State offices.
The submission also draws parallels with a past case involving Prof. Adams Oloo, whose nomination to the IEBC selection panel was challenged on similar grounds.
As the legal proceedings unfold, the IEBC selection panel faces mounting pressure to reconsider its shortlist and uphold constitutional principles.
The petitioners are seeking a court order barring the duo from participating in the scheduled interviews until the matter is resolved. Nyachae and Mdivo’s interviews are set for March 24 and March 25, respectively, making the case time-sensitive.
The two are among 11 candidates who were shortlisted for the position to fill the vacancy left following the end of the tenure of the late IEBC Chair Wafula Chebukati.
The others include; former Judiciary Chief Registrar Anne Amadi, Abdulqadir Lorot Ramadhan, Edward Katama Ngeywa, Erastus Edung Ethekon, Francis Kakai Kissinger, Jacob Ngwele Muvengei, Lilian Wanjiku Manegene, Robert Akumu Asembo, and Saul Simiyu Wasilwa.
