The High Court sitting in Kiambu has declined to quash the list of the selection panel team for the recruitment of IEBC commissioners.
Justice Dora Chepkwony said that the nine nominees reflect an overall attempt to ensure regional diversity on the IEBC selection panel.
"The petitioner's assertion that four are from two specific ethnic groups is insufficient to invalidate the entire process, especially in the absence of compelling evidence that a significantly broader representation was feasible but disregarded," the judge said.
The petitioner, Boniface Njogu had argued that the list didn't reflect regional balance because four of the nominees were from the same ethnic region.
Additionally, he claimed that the list also failed to account for Persons with Disability (PWDs).
But the Attorney General and Clerk to the Senate (respondents) were opposed to the case saying it's not practical to achieve complete regional or ethnic balance in the nomination of members to the IEBC.
They submitted that Njogu didn't produce sufficient evidence to support his allegations on lack of inclusivity.
The Judge in declining to quash the list of nominees to the IEBC selection panel said the available evidence to warrant issuance of such an order was unmerited.
On whether Azimio's nomination process was transparent and competitive, Chepkwony said "based on the evidence presented in court, Njogu's arguments remain largely unsubstantiated".
She made it clear that the court cannot invalidate Azimio's coalition party nomination solely on speculation.
Njogu had in his petition claimed that Azimio announced it's nominee without proper compliance with a section in the IEBC Act that requires a transparent and competitive process. Dr Amb Koki Muli was Azimio's nominee.
Others are Dr Nelson Makanda, Fatuma Saman, Evans Misati, Nicodemus Bore, Andrew Tanui, Caroline Kituku, Adams Oloo and Linda Koome.
