Prominent lawyer Katwa Kigen, who once represented President William Ruto at the International Criminal Court (ICC), has officially withdrawn from the ongoing interviews for the position of Commissioner at the Independent Electoral and Boundaries Commission (IEBC).
His decision was announced on Thursday, April 10, just before he was scheduled to appear before the IEBC Selection Panel.
Kigen explained that he chose to pull out to avoid what he called an “unnecessary diversion” from the commission’s core duties.
He suggested that his presence in the race could cause distractions, especially given his history of defending Ruto during the ICC trial connected to the 2007/2008 post-election violence in Kenya.
His application had already sparked a public debate, with several people expressing doubt over whether he could remain neutral if appointed, considering his long-standing professional relationship with President Ruto.
One of the critics, former Law Society of Kenya (LSK) President Nelson Havi, raised tough questions about Kigen’s intentions.
He pointed out the serious concern of a possible conflict of interest, highlighting that Kigen has served as the President’s legal counsel for over two decades.
“We have an issue with accountability and integrity in this country. Why would a lawyer who has openly worked for the President for over 20 years apply to be part of the electoral body that will oversee an election where the same President is a candidate? Is the applicant underestimating the intelligence of Kenyans?” Havi asked.
This turn of events adds to the controversy already surrounding the IEBC recruitment process. There have been growing concerns about transparency, especially after reports emerged that six individuals were allegedly added to the list of candidates under questionable circumstances.
Several opposition leaders, including Kalonzo Musyoka of the Wiper Party, Eugene Wamalwa of DAP-K, and Martha Karua of the People’s Liberation Party (PLP), have strongly criticized the process.
They have vowed to challenge it in court if the government continues to ignore their calls for consultation.
These leaders argue that the current recruitment process violates the spirit and agreement reached under the National Dialogue Committee (NADCO), which was meant to guide inclusive and transparent decision-making.
Notably, even before the opposition leaders announced their intention to go to court, a group of concerned citizens had already taken legal action.
On Monday, a petition was filed in the High Court by activist Bob Njagi, along with Nicholas Oyoo, Felix Wambua, Halima Shariff, Florence Kanyua, Njoroge Wanjigi, and the lobby group Free Kenya Initiatives.
They are seeking to stop the shortlisting process, claiming that it goes against the Constitution, especially regarding the inclusion of public officers as members of the Selection Panel.
The IEBC Selection Panel began interviews for the Chairperson position on March 24, concluding them on March 26. Interviews for the Commissioner roles started on March 27 and are expected to run until April 24.
After the interviews are complete, the Panel will review the candidates and forward the final list of nominees to President Ruto for formal appointment.
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