Chief Justice Martha Koome has empanelled a three-judge bench to determine whether the Independent Electoral and Boundaries Commission (IEBC) commissioners’ selection and nomination process adhered to the constitutional principles.
The bench, comprised of Lady Justice Roselyne Aburili (Presiding), Justice John Chigiti, and Justice Bahati Mwamuye, will begin hearing the case filed by Kenyan citizens Kelvin Omondi and Boniface Mwangi on a day-to-day basis, under orders from the Chief Justice due to the case’s urgency and public importance.
“This is a matter at the very core of our constitutional democracy,” ruled Justice Lawrence Mugambi, who referred the case to the Chief Justice after determining that it raised “substantial questions of law” as per Article 165(4) of the Constitution.
The petition challenges the legality of the process that led to the nomination of Erastus Ethekon, Anne Njeri Nderitu, Moses Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah.
Justice Mugambi’s conservatory orders bar the gazettement, swearing-in, or assumption of office by any of the nominees until the constitutional questions are resolved.
“The vetting and approval process in the National Assembly may proceed,” said Justice Mugambi, “but no nominee shall be gazetted or sworn in pending the final ruling.”
The petitioners argue that the recruitment process lacked transparency, violated constitutional provisions—including Articles 10, 88(2), 232, and 250—and failed to reflect Kenya’s regional and ethnic diversity.
They also claim that the President failed to consult the majority and minority parties in Parliament, contrary to recommendations made by the National Dialogue Committee.
In receiving the selection report at State House earlier this week, President Ruto praised the work of the IEBC Selection Panel chaired by Dr. Nelson Makanda.
However, critics say the final list appears skewed and does not reflect the diversity and inclusivity required under Kenya’s supreme law.
