No hiring of IEBC chiefs before MPs approve bipartisan report - Raila

Azimio leader Raila Odinga has rubbished a recent court ruling that ordered the selection panel for the electoral commissioners to resume its work.

Speaking during an ODM membership recruitment drive in Nairobi's Kamkunji Grounds, Raila said such a proposal is 'stupid ' as the panel was wound up by Parliament.

''The other day I heard a court rule that the IEBC selection panel that was formed initially starts recruiting IEBC commissioners, that is stupid,'' Raila said.

''That panel can not proceed with any work because it had already been wound up by Parliament.''

Raila said the process of the recruitment of the next crop of the Independent Electoral and Boundaries Commission(IEBC) commissioners will start after the National Dialogue Committee(NADCO) report has been ratified by Parliament.

"We will start the IEBC process once the Wandayi and Kalonzo report has been approved by Parliament,'' he said.

Kalonzo was the co-chair of the NADCO panel alongside National Assembly Majority Leader Kimani Ichung'wah.

The panel which held public hearings at the Bomas of Kenya was formed with representation from the camps of President William Ruto and Raila.

The committee tabled its report in Parliament last year with MPs expected to debate its contents when they resume work from recess next week.

The National Dialogue Committee report laid down a framework for the recruitment of the IEBC team.

Last week, Judge Mugure Thande said the political truce between the two camps does not override the Constitution.

Justice Thande directed that the current IEBC Selection Panel moves with speed and immediately recruits new Commissioners including their chair.

The process was put on hold following the constitution of the bipartisan talks.

“I reject the notion that the political question doctrine should override the very explicit constitutional provisions and that the prevailing circumstances should be allowed to infringe on the rights enshrined in the Constitution,” the judge ruled.

Justice Thande further said in her ruling that the intervention of the court is therefore justified more so because the bi-partisan talks are, to the best of her knowledge, not anchored in either the Constitution or the law.

The High Court's decision followed a case filed by Adan Mohamed who claimed that failure to recruit IEBC Commissioners in time had violated the rights of constituents who were to hold by-elections.

IEBC selection panel chairman Nelson Makanda had last week confirmed to the Star that following the court order, they will now proceed with the recruitment process.

“We are going to obey the court order. The court said we finished the process. They even used the word immediately. We will do that,” he stated.

The team of seven was picked in March last year to recruit new IEBC commissioners in a process that was boycotted by Raila.