Lobby Group Seeks Court Order to Block Charles Nyachae and Joy Mdivo from IEBC Chair Interviews
A lobby group has filed a petition in court to prevent Charles Nyachae and Joy Mdivo from being interviewed for the position of Independent Electoral and Boundaries Commission (IEBC) chairperson.
The petition alleges that both candidates are unsuitable for the role due to conflicts of interest and violations of constitutional principles.
Nyachae and Mdivo are among 11 candidates shortlisted for the crucial position and are expected to undergo oral interviews beginning Monday, March 24. However, their candidacy now faces a significant legal challenge following a petition filed at the High Court in Naivasha by Operation Linda Jamii, through Fredrick Onyango Ogola. The group argues that the two are ineligible due to their existing roles in government and political affiliations.
According to the petition, both Nyachae and Mdivo currently hold state positions, which should disqualify them from consideration. Nyachae serves as the chairperson of the Council of the Kenya School of Government, while Mdivo is the chairperson of the Board of Directors at Kenya Power & Lighting Company. Additionally, Mdivo holds a position within the ruling United Democratic Alliance (UDA) party as the chairperson of its Electoral Disputes Resolutions Committee.
Ogola contends that allowing the two to proceed with the interviews would violate constitutional provisions that prohibit public and state officers from holding multiple public positions simultaneously. He further asserts that neither Nyachae nor Mdivo had resigned from their respective roles at the time of their application for the IEBC chairperson position, making them ineligible for nomination.
The petition calls on the court to issue a conservatory order barring them from proceeding with the interview process. Failure to do so, the group warns, would constitute a blatant violation of the 2010 Constitution.
Mdivo’s suitability for the role has also been called into question due to concerns about political bias and potential conflicts of interest. The petition argues that her active role in UDA directly links her to a political party, undermining the neutrality required of an IEBC chairperson. The lobby group insists that impartiality is a fundamental requirement for electoral officials to maintain public confidence in the electoral process.
Furthermore, the petitioner highlighted Mdivo’s leadership role at Kenya Power, arguing that it entrenches her proximity to the ruling administration. This, they claim, poses a direct conflict of interest and could compromise the independence of the electoral commission.
If Mdivo and Nyachae are appointed, the group warns that public trust in the IEBC would be severely eroded. They argue that having individuals closely linked to the government in such a critical electoral role would undermine the credibility of the commission.
The High Court is now expected to deliberate on the petition, which could have significant implications for the IEBC selection process. If the court grants the orders sought, Nyachae and Mdivo could be forced out of the race for the chairperson position, reshaping the contest for leadership of the electoral body.
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Lobby Group Seeks Court Order to Block Charles Nyachae and Joy Mdivo from IEBC Chair Interviews
