Candidate eyeing IEBC chair’s job Robert Asembo facing arrest for fraud
Akumu, who is a former Football Federation of Kenya (FKF) official, was convicted in January this year and his cash bail dropped
A candidate for the Independent Electoral and Boundaries Commission (IEBC) chairperson’s position, Robert Akumu Asembo, is facing arrest after the Kibera High Court issued a warrant of arrest in a case involving obtaining money by false pretenses.
Akumu, who is a former Football Federation of Kenya (FKF) official, was convicted in January this year and his cash bail dropped and is set for sentencing by the court after he was found guilty of contravening Section 313 of the Penal Code.
Court papers seen by The Informer Media Group indicate that Akumu, through his legal team, had sought the warrant of arrest against him by the court dropped after he agreed with the complainant to repay the alleged money during the trial but the court declined saying it did not recognize the agreement as it directed the matter to proceed to conclusion.
In his application to the court, Akumu, who is set to face the selection panel on Wednesday, wanted to have the matter settled out of court after the agreement with the aggrieved parties as he added that it was not fair for his cash bail forfeited.
However, the court dismissed the applications saying he did not make an application over the same.
“In the absence of such an application and corresponding orders from the trial court, this prayer is deemed premature. The trial court is the stand-appropriate forum for addressing such a request. Consequently, without exhausting the available remedies at the trial court, the prayer to revise the order issued on 16th January 2025 cannot be entertained at this stage,” Justice Diana Kavedza stated in her ruling.
“The applicant is facing charges of obtaining money by pretenses, contrary to Section 313 of the Penal Code. The reasons advanced do not satisfy the legal requirements for arresting judgment under Section 324 of the Criminal Procedure Code. The applicant has failed to present specific and valid grounds warranting this court’s intervention to arrest the impending judgment. Accordingly, it is my finding that the application lacks merit and is dismissed,” she added.
Going by the current case, the suitability of Akumu as an IEBC chairman candidate in line with Chapter Six of the Constitution on Leadership and Integrity is on the weighing scale.
This comes against the backdrop of a petition lodged by Operation Linda Jamii on the suitability of former East African Court of Justice judge Charles Nyachae and Kenya Power Board chairperson Joy Brenda Mdivo to lead the IEBC.
The lobby claims the two are ineligible for the role due to their current public offices, which they have yet to relinquish, and potential conflicts of interest Nyachae is currently the Chairperson of the Council of the Kenya School of Government, while Mdivo is also the head of the United Democratic Alliance Electoral Disputes Resolution Committee.
Accordingly, the petitioners argue that the two still holding State offices violates Article 260 of the Constitution, which prohibits public officers from holding more than one State position simultaneously.
The lobby maintains that allowing politically affiliated individuals or those in State employment to take up positions within the IEBC, which is expected to oversee elections in a neutral manner, compromises the independence of the institution, undermining public trust in the electoral process.
The petition, filed at a High Court in Naivasha, has attracted interest from various legal and civil society organizations, including the Law Society of Kenya and Katiba Institute, both of which have been enjoined in the matter as interested parties.
The petitioners are seeking a court order barring the duo from participating in the scheduled interviews until the matter is resolved.
Further, a youth lobby group, the Kenya Youth Organisation, has also expressed reservations over Mr Nyachae’s suitability to replace the late Wafula Chebukati.
The group raised concerns over Nyachae’s professional history and previous engagements, claiming he “lacks a proven record of impartiality”, hence doubts over his impartiality.
President William Ruto had declared the seven positions vacant on February 14, 2023, and March 1, 2023 before the IEBC selection panel advertised the position on February 1, 2025, almost two years after the declaration of the vacancies.
The process began on March 1, 2023, but soon ran into headwinds facing a nearly two-year delay before resuming on January 27, 2025, when President Ruto appointed a new seven-member panel to oversee the recruitment.
On February 16, 2025, the Panel announced that it had received 1,848 applications for both the chairperson and Commissioner Positions.
Today, the panel held interviews for the candidates seeking the chairperson’s position with four candidates appearing.
The four include Abdulqadir Lorot, Anne Amadi, Charles Nyachae, and Edward Katama.
Four candidates will also appear tomorrow as the interviews proceed subsequently as advertised by the panel
