Court to Rule on Constitutionality of IEBC Nominees’ Appointments

A three-judge bench is set to deliver a crucial ruling today on the legal validity of President William Ruto’s nominations to the Independent Electoral and Boundaries Commission (IEBC). 

The case, brought before the court by petitioners Kelvin Roy Omondi and activist Boniface Mwangi, challenges the constitutionality of the appointments, citing procedural flaws such as a lack of public participation, regional imbalance, and concerns about the eligibility of the nominated individuals.

Earlier, Justice Lawrence Mugambi had allowed parliamentary vetting to proceed but placed a hold on the gazettement and swearing-in of the nominees until the court clarifies the constitutional issues at hand. 

The bench, composed of Justices Lawrence Mugambi, John Chigiti, and Roselyne Aburili, had previously declined to hold President Ruto or his officials in contempt for issuing the gazette notice in defiance of existing conservatory orders. 

The court found no evidence of due process violation based on oral submissions.

The ruling, scheduled for 2 pm today, will determine whether the nomination process proceeds or if it will need to be restarted, a decision that could have far-reaching implications for Kenya’s preparations for the 2027 general elections.

By Were Kelly