The reconstitution of the electoral body suffered another blow on Friday after the High Court quashed changes to the law.

A case filed by Busia Senator Okiya Omtatah, and supported by 13 opposition Senators, has rocked the Independent Electoral and Boundaries Commission (IEBC).

The High Court declared that last year’s amendments to the IEBC Act were unconstitutional. 

As a result, the appointment of the seven-member selection panel and subsequent inclusion of the opposition members to the panel through the National Dialogue Committee (Nadco) is now null and void.

Unless the Court of Appeal intervenes, both the government and the opposition will have to go back to the drawing board and use the law as it was before the 2023 amendments to constitute a new body. 

If Kenyans must wait for MPs to amend the law again, then both houses of Parliament will need to consider fresh amendments before a new team is constituted.

This comes as time runs out to prepare for the next General Election, with the IEBC failing to meet the deadline for reviewing constituency boundaries.

In his verdict, Justice Lawrence Mugambi said that the Senate had not been forthcoming about what transpired regarding a report that raised pertinent issues about the selection of the panel to recruit the commissioners. 

According to Justice Mugambi, the withdrawal of the Senate Standing Committee on Justice, Legal Affairs, and Human Rights report from the House floor meant that public views were trashed without consideration.

“The respondents have not been transparent about what happened to the public views that were gathered and which informed the Senate Committee’s report, leading to recommendations for amendments after the report was withdrawn without debate,” said Justice Mugambi. 

He pointed out that although the National Assembly claimed that it had conducted public participation, this did not absolve the Upper House from scrutiny for failing to do the same.

“In the circumstances, I find that the processing of the Bill in the Senate violated Articles 118 (1) (b) and 10(2) (a) of the Constitution hence the ensuing Independent Electoral and Boundaries Commission (Amendment) Act No. 1 of 2023 is unconstitutional null and void,” he ruled.

Omtatah, in his case, argued that the IEBC selection panel was appointed using an illegally passed law. He claimed the Senate irregularly passed the law without considering the views, opinions, and report of the committee. 

The Act established a seven-member IEBC selection panel made up of two persons from the Parliamentary Service Commission, one nominated by the Public Service Commission, Political Parties Liaison Committee and the Law Society of Kenya, and two nominated by religious organisations.

After the law came into force, President William Ruto appointed Bethuel Sugut, Euralia Atieno, Charity Kisotu, Evans Misati, Benson Ngugi, Nelson Makanda, and Fatuma Saman to the Selection Panel on February 27, 2023.By Kamau Muthoni, The Standard

The archives were officially delivered by British High Commissioner to Kenya, Neil Wigan, to President William Ruto during the unveiling of the Gedi National Monument as a UNESCO World Heritage Site in Nairobi on Friday/PCS

The collection comprises 2,658 files and over 300,000 images, shedding light on various aspects of Kenya’s colonial history, including the Mau Mau uprising, the detention of freedom fighters, and intelligence dossiers on prominent figures involved in the independence struggle.

The UK government has handed over a significant collection of digitized archives detailing British colonial rule in Kenya.

The archives were officially delivered by British High Commissioner to Kenya, Neil Wigan, to President William Ruto during the unveiling of the Gedi National Monument as a UNESCO World Heritage Site in Nairobi on Friday.

The collection comprises 2,658 files and over 300,000 images, shedding light on various aspects of Kenya’s colonial history, including the Mau Mau uprising, the detention of freedom fighters, and intelligence dossiers on prominent figures involved in the independence struggle.

Notable individuals documented in the archives include Jomo Kenyatta, Oginga Odinga, Masinde Muliro, and Tom Mboya.

“These archives, spanning from 1907 to 1968, provide a window into our shared history, allowing Kenyans to better tell their own story and offering an opportunity for reflection and understanding,” Wigan stated.

He emphasized that the files would enable Kenyans to study their past in greater detail.

According to the UK High Commission in Nairobi, the archives contain crucial records, such as papers on the Mau Mau insurgency, documentation of collective punishments, and records of detainees.

They also include files related to the Kenya constitutional discussions of 1961.

The Kenya National Archives is expected to use these materials to enhance its efforts in documenting and sharing Kenya’s historical narrative. 

Kenya gained independence from the United Kingdom on December 12, 1963, with Jomo Kenyatta serving as its first Prime Minister.

A year later, on December 12, 1964, Kenya became a republic, with Kenyatta as its first President, completing its transition from British colonial rule to an independent nation. By Bruhan Makong, Capital News

The government of Djibouti says it has yet to hear back from Ethiopian counterparts on its offer to hand over the full administration of Tadjourah Port.

Four months ago, in what was a landmark diplomatic overture, the Djiboutian government offered Ethiopia complete control of management of the strategic port in a bid to defuse tensions between Addis Ababa and Mogadishu.

“We have offered it, but we are still waiting for the response,” Mahmoud Ali Youssouf, Djibouti’s foreign minister, told The Reporter.

During a press briefing conducted last week at the embassy in Addis Ababa in relation to his candidacy for chairmanship of the African Union Commission, the Foreign Minister touched on the Türkiye-facilitated Ankara Declaration signed between Prime Minister Abiy Ahmed (PhD) and Somali President Hassen Sheikh Mohamud on Tuesday.

Youssouf praised the countries for reaching a peaceful resolution to the tensions and reiterated his support for Ethiopia’s right to sea access in accordance with international laws.

“The UN convention regarding sea access for landlocked countries is very clear. They should have free, predictable and unhindered access. I believe we should work very hard to ensure that access for these countries is a legitimate right under the framework of international law,” he said.

The Minister also brought up his country’s proposal for an alternative.

“When it comes to sea access, Djibouti is open to partnerships and cooperation with neighbours. There is no problem with that. But, arbitration happening under international maritime law is of paramount importance,” said Youssouf.

When the Minister publicized his country’s proposal in August, he had mentioned that Türkiye has been trying to solve the dispute which ignited when Ethiopia signed a Memorandum of Understanding (MoU) with breakaway Somaliland, a deal Somalia saw as an infringement of its sovereignty.

The agreement in Ankara could mean that Djibouti’s offer is now redundant, but Youssouf says he has no qualms about making the gesture.

“When it comes to African problems, we always believe and are always saying that we do not need interference from abroad. We need to resolve them ourselves,” he said. “ But, if we as a region can not manage to help when one or two of our countries have problems, should we just sit and wait? If there is an initiative coming from anywhere to help and assist, we should accept it. That is what is happening in Türkiye. So, we accept that. Because we think that if the two brotherly countries feel that Türkiye will be more successful in mediation, why not?” 

During the briefing, the Minister spoke about the key improvements he would make as AUC chair. He sees peace and security, funding gaps and resource mobilization, infrastructure, and the issuance of a continental passport and currency as the most pressing issues on the AU’s agenda.

Youssouf noted that new conflicts have led to the deadline for the AU’s flagship Silencing the Guns initiative moving forward by a decade to 2030. He said the mobilization of financial resources and funding has become a bottleneck to the AU’s peace and security efforts.

“We have a USD 400 million peace fund. We are always expecting support from partners. The UN resolution passed last month regarding the financing of African peace missions assured us that 75 percent will be coming from the UN. We still need to mobilize the remaining 25 percent,” Youssouf said.

The Minister asserts that the challenge of fostering and mobilizing financial resources is a critical point that the Commission has to tackle so that missions are not hindered for lack of funding.

Issues surrounding peace and stability are also affected by the inoperational AU standby force.

“In cases of humanitarian crises, civil war, terrorism and other such incidents, we must be in a position to deploy the standby force. But, this is not the case on the ground; it is still on paper,” he said.

Youssuf recalled that the ASF had been active in Somalia, Mali and the Central African Republic 12 years ago and stated that the Commission must find the necessary mechanisms and leverage to reactivate the force. By Nardos Yoseph, The Reporter