The High Court has ruled that the inclusion of Hassan Noor Hassan in the Independent Electoral and Boundaries Commission (IEBC) shortlist was legal and procedurally sound, dismissing allegations of manipulation and irregularity.
In a judgment delivered on Thursday, a three-judge bench addressed a petition that had challenged Noor’s candidacy, claiming he was not part of the initial shortlist published on March 5, 2025. Petitioners argued that his later inclusion was unlawful and violated constitutional principles of transparency, fairness, and public participation.
However, the court ruled that the IEBC selection panel acted within the law when it republished an expanded shortlist on March 25, 2025 prior to the interview phase. The panel cited the need to enhance regional balance, youth representation, and inclusivity as the reasons for the update.
Justice Bahati Mwamuye, speaking for the bench, confirmed that Noor had originally appeared as applicant number 985 on the long list of 1,356 candidates. His scheduled interview on April 24 at 12:30 p.m. had also been publicly acknowledged, negating claims that he was “snuck in” or favored unfairly.
The petitioners had cited violations of Articles 10, 27, 47, and 232 of the Constitution, alleging that Noor’s inclusion discriminated against other candidates and fostered perceptions of political bias. But the court found no merit in these claims, stating that no procedural laws had been broken and that the process had been conducted in good faith.
“Accordingly, we find and rule that the republished shortlist did not offend Article 10, 27, 47, or 232 of the Constitution,” the judges stated. “On the contrary, the IEBC selection panel’s action, which was taken transparently and explained publicly, demonstrates good faith efforts to align the selection process with Kenyan constitutional ethos.”
Notably, no candidate from the initial shortlist raised objections over the updated list. The court emphasized that Noor’s inclusion was neither covert nor arbitrary and dismissed the petition in its entirety for lack of merit.
