The Office of the Ombudsman is seeking clarification regarding the late inclusion of six names in the shortlist for positions at the Independent Electoral and Boundaries Commission (IEBC).

In an inquiry letter dated April 16, the Commission on Administrative Justice (CAJ) is requesting that the IEBC selection panel clarify the late inclusion of these names to address public concerns about the transparency of the process for selecting new commissioners and the chairperson.

Charles Dulo, the CAJ chairman, is urging Dr. Nelson Makanda, the chair of the IEBC selection panel, to address these concerns regarding the additional candidates for commissioner positions in order to restore public confidence in the selection process.

Dulo stated that the CAJ was prompted by widespread public concerns expressed through various media platforms about the inclusion of the six names.

The public reacted with dismay upon learning of the late inclusion of Hassan Noor Hassan, Jibril Maalim Mohammed, Michael Ben Oliewo, Charles Kipyegon Mutai, Stephen Kibet Ngeno, and Joel Mwita Daniel to the shortlist for the vacant positions of chairperson and members of the IEBC, shortly before the scheduled interviews.

“It is instructive to note that on March 14, the selection panel published a shortlist comprising 11 candidates for the position of chairperson and 105 candidates for member positions on the commission. On that same day, the panel issued an addendum listing two additional candidates for the chairperson position and 26 additional candidates for member positions,” the letter states in part.

In the letter, the CAJ claims that no explanation was provided for the addendum.

“Subsequently, on March 25, just days before the scheduled interviews, the panel republished the list of shortlisted candidates for member positions. This revised list included the original 105 candidates, the 26 candidates from the addendum, and an additional six names that had not previously appeared in any published list,” the CAJ letter continues.

Dulo drew the selection panel’s attention to the constitutional provisions—Articles 10, 18, and 250—which govern the establishment, composition, and appointment of constitutional commissions. He emphasized that these provisions prioritize principles of transparency, fairness, integrity, and independence.

“Any deviation from these principles may amount to a violation of the Constitution,” Dulo stated.

The CAJ is seeking explanations from  the selection panel regarding the circumstances that led to the addition of the six names, why these individuals were initially omitted from the original pool of 1,356 candidates, and the rationale behind the March 14 addendum.

It also seeks clarification on the criteria used to issue the addendum that included two candidates for the chairperson position and 26 members of the commission.

Additionally, the CAJ is demanding to know whether any public notice or formal communication was issued to explain the changes to the shortlist. If not, the rationale for this lack of communication is also requested.