The High Court has blocked the swearing-in of Independent Electoral and Boundaries Commission (IEBC) commissioners.
On May 28, Justice Lawrence Mugambi, permitted Parliament to continue with the vetting of the seven nominees for chairperson and commissioner roles.
However, he ruled that they cannot be sworn in until a petition challenging the nomination process is resolved.
Noting the significant public interest, Justice Mugambi referred the case to the Chief Justice to assign a multi-judge bench.
Earlier this month, President Ruto nominated Erastus Edung Ethekon for vetting as the next IEBC chairperson.
He also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.
However, two petitioners moved to court, arguing that the nomination process is illegal and unconstitutional.
Earlier this month, President Ruto nominated IEBC commissioners.
The nominees, selected by President William Ruto, were as follows:
- Erastus Edung Ethekon – Chairperson
- Ann Njeri Nderitu – Member
- Moses Alutalala Mukhwana – Member
- Mary Karen Sorobit – Member
- Hassan Noor Hassan – Member
- Francis Odhiambo Aduol – Member
- Fahima Araphat Abdalla – Member
Additionally, in a notice dated Monday, May 5, 2025, National Assembly Speaker Moses Wetang’ula directed Members of Parliament to commence the vetting process for the IEBC nominees on Monday, May 26, 2025.
“The general public is hereby notified that, pursuant to Article 118(1)(b) of the Constitution and Section 6(4) of the Public Appointments (Parliamentary Approval) Act (Cap. 77), the Departmental Committee on Justice and Constitutional Affairs will conduct approval hearings (vetting) for the IEBC nominees on Monday, May 26, 2025. The sessions will begin at 9:30 a.m. in the Mini Chamber, First Floor, County Hall, Parliament Buildings, as per the schedule below,” the notice stated.
However, the nominations have been met with opposition criticism as the 2027 general election approaches.
Wiper Party leader Kalonzo Musyoka accused President Ruto of making the appointments unilaterally, without engaging the opposition or responding to a letter regarding the selection process.
“The most important word in IEBC is ‘Independent.’ We insist on inclusivity, consultation, and consensus. The Commission must be independent. What we currently have is a William Ruto IEBC,” Kalonzo said.
