President William Ruto has appointed Erastus Edung Ethekon as the new chairperson of Kenya’s Independent Electoral and Boundaries Commission (IEBC), a move that has ignited both public interest and legal controversy. Ethekon, together with six newly named commissioners, will serve a non-renewable six-year term as outlined in Article 250 (2) of the Constitution and the IEBC Act.
The appointments were formalised through Gazette Notices No. 7724 and 7725, dated June 10, 2025. Joining Ethekon on the commission are Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.
However, these appointments come in the face of active conservatory orders issued by the High Court, barring their gazettement and swearing-in. The orders were issued after a petition by activists Boniface Mwangi and Kelvin Roy Omondi, who questioned the constitutionality of the selection process. They argued that the recruitment lacked transparency, adequate public participation, and failed to represent marginalised groups, thus undermining constitutional values.
Justice Lawrence Mugambi, presiding over the case, ruled that while Parliament could proceed with the vetting, no appointments should be finalised until the court addresses the constitutional concerns. He referred the matter to Chief Justice Martha Koome to appoint a bench to hear the petition, with a judicial review slated for June 23.
Despite this legal backdrop, President Ruto’s move signals a push to revitalise the IEBC ahead of crucial electoral events, including by-elections and the 2027 general polls. The new team will be expected to spearhead reforms aimed at enhancing electoral integrity, transparency, and public confidence.
The appointments have already stirred intense debate among political players and civil society groups. While some view the move as a necessary step in rebuilding the electoral body, others see it as a premature and potentially unconstitutional action.
As Kenya awaits the court’s final ruling, the spotlight remains on the IEBC’s new leadership and how it will navigate the delicate balance between legal challenges and the urgent need for electoral reform
