Home News IEBC reconstitution in limbo? Reports reveal 6 candidates were sneaked in

IEBC reconstitution in limbo? Reports reveal 6 candidates were sneaked in

EBC recruitment faces credibility crisis after secret addition of six candidates sparks legal, political uproar and threatens legitimacy of upcoming electoral commission appointments

by David N. John
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The credibility of the ongoing recruitment of the Independent Electoral and Boundaries Commission (IEBC) is in serious doubt after it emerged that six candidates were quietly added to the shortlist days before interviews began.

Six Candidates Added Secretly

The six  Hassan Noor Hassan, Jibril Maalim Mohamed, Michael Ben Oliewo, Charles Kipyegon Mutai, Stephen Kibet Ngeno, and Joel Mwita Daniel were among 1,356 applicants but had initially not made it to the published shortlist.

Nelson Makanda addresses the media during a past function in Nairobi. Photo: NTV Kenya Source: X

Their sudden inclusion has sparked legal and political concerns, with experts warning that the process could be nullified if no credible explanation is offered.

Controversy Surrounding Hassan Noor

Hassan Noor, a former Chief Administrative Secretary in the Ministries of Sports and Education, also vied unsuccessfully for the Mandera governor seat in 2022.

His and the others’ last-minute addition has raised eyebrows within legal and political circles.

Makueni Governor Mutula Kilonzo junior during a past political rally. Photo: Citizen TV Kenya Source: Facebook

Legal Experts Question Legitimacy

Legal experts argue that the move contravenes the IEBC Act and threatens the validity of the entire recruitment.

Bob Mkangi, a constitutional expert, termed the inclusion “abnormal, irregular, illegal, unethical and unconstitutional,” warning that it could expose the process to court challenges.

Political Leaders Demand Transparency

Opposition leaders, led by Wiper party boss Kalonzo Musyoka, have questioned the panel’s transparency, pointing to the evolving political alliances between major parties as a reason for heightened scrutiny.

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Makueni Governor Mutula Kilonzo Junior stressed the need for public clarity before interviews continue.

Selection Panel’s Response

The selection panel, chaired by Dr Nelson Makanda, republished the shortlist on March 25, citing a need to “enhance compliance with constitutional principles of regional balance, youth representation, and inclusivity.”

Nelson Makanda speaks to the press after a meeting in Nairobi. Photo: The Star Source: X

However, critics argue that the explanation lacks transparency and could compromise public trust.

Risk of Court Challenges

Legal analyst David Ochami emphasized that any appointments emerging from such an opaque process could be overturned in court, stating, “All fruits of a poisonous tree are poisonous.”

Mounting Pressure Amid Urgent Needs

The urgency to fill the vacant IEBC slots is mounting, with pending by-elections in 11 constituencies and wards, following deaths, nullifications, and Cabinet appointments of sitting MPs.

Although Parliament recently extended the panel’s mandate by 14 days beyond the original 90-day period, pressure is growing for the selection panel to provide a full, credible account of its actions to safeguard the legitimacy of the next electoral commission.

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