Nderitu asserts that her current position does not disqualify her from seeking the role.
Speaking on Saturday during her vetting before the National Assembly’s Justice and Legal Affairs Committee (JLAC), Nderitu clarified that applying and being nominated for the IEBC post does not equate to being appointed—a critical distinction, she said, that keeps her within the bounds of eligibility.
“When I was applying for the job, I was fully aware that one cannot be appointed as a commissioner while still holding a state office,” Nderitu told the George Murugara-led committee.
“This is a process. I have not been appointed, and the law allows one to resign before formal appointment.”
Her remarks came in response to concerns raised by Rarieda MP Otiende Amollo, who informed the committee that objections to her nomination had been received, citing her ongoing role as Registrar of Political Parties.
“We have submissions objecting to your nomination on the grounds that you are currently serving as the Registrar of Political Parties, and therefore, ineligible for the position of IEBC commissioner,” Amollo stated.
In her defence, Nderitu referenced a 2014 ruling by the National Assembly, where the Speaker declared that a public office does not fall vacant simply due to nomination, but only upon actual appointment.
“Based on that precedent, I believe I am in full compliance. Resignation is only necessary just before appointment, not nomination,” she explained.
Nderitu, who has served as Registrar since 2019, has been instrumental in political party regulation and electoral reforms, experience she says will strengthen her contribution to the IEBC if approved.
The vetting process for the IEBC’s new leadership resumed this week after being stalled for months due to a court injunction.
The challenge, filed by three petitioners, alleged that the nomination list lacked sufficient regional and gender diversity.
While the court has allowed Parliament to continue with the vetting, it ruled that the final appointment and swearing-in of the nominees must await further judicial review.
