The High Court has ruled that the recent appointment and gazettement of Kenya’s Independent Electoral and Boundaries Commission (IEBC) chairperson and commissioners by President William Ruto was unconstitutional.
A three-judge bench—comprising Justices Bahati Mwamuye, John Chigiti, and Roselyne Aburili—found that the President violated an active court order by formally appointing the electoral officials.
The judges held that conservatory orders issued earlier by Justice Lawrence Mugambi had expressly barred the gazettement of the nominees, rendering the appointments null and void.
Despite the ruling, the court upheld the nomination process itself, stating that there were no legal flaws in how the names were selected.
The seven individuals nominated—including new IEBC Chairperson Erastus Edung Ethekon—will, however, not assume office until the process is regularised through a fresh gazette notice.
The case had been filed by activists Boniface Mwangi and Kelvin Roy Omondi, who challenged the nominations on several grounds, including alleged procedural irregularities, integrity issues, and lack of regional balance. They also criticised the absence of a nominee representing persons with disabilities.
The court dismissed the petitioners’ claims, ruling that they had not provided sufficient evidence to demonstrate illegality, bias, or breach of constitutional principles. The judges also rejected objections to one nominee’s family ties to a senior politician, calling the concerns “non-consequential.”
President Ruto had named Ethekon to a six-year term as chair, alongside six new commissioners: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.
While the court affirmed the integrity of the selection process, it made clear that adherence to judicial orders remains paramount.
The officials can only take office once a new gazette notice is issued in accordance with the law.
