The Independent Electoral and Boundaries Commission Selection Panel's operations are in jeopardy after Busia Senator Okiya Omtatah said he would sue to challenge it in court.

Omtatah asserts that because no public nominations existed, the selection panel must follow the law.

He asserts that only the parliamentary service committee is publicized for the position of the participants to the selection panel as stipulated in the law.

We can't operate a country like a kiosk, said Omutata, because "all these other bodies went into the boardroom decisions and handpicked people to the panel." To make matters worse, the chair of the political liaison committee nominated himself.


Omtatah further asserts that because the IEBC Amendment Law was withdrawn from the floor before a vote, the Senate needed to pass it as necessary.

The withdrawal of the measure by the chair of the Senate Legal Committee, Hillary Sigei, was not procedural and went against standing orders, in the opinion of the frequent litigant, making the statute used to create the selection panel invalid.

The chair was persuaded to withdraw the bill from the house. Since no standing order allows for that, the bill was approved without discussion and is an illegal law, according to Omutata. Next week, he will go to court to contest that alteration.


The Dr Nelson Makanda-led IEBC selection panel has already started working on filling the empty chair and commissioner seats after posting an advertisement.

For the seven openings, 169 applications have been received thus far.