The National Assembly has called on the High Court to lift its suspension of the vetting process for President William Ruto’s seven nominees to the Independent Electoral and Boundaries Commission (IEBC), arguing that judicial intervention is premature and contrary to public interest.
In a response to a petition filed by activists Kelvin Roy Omondi and Boniface Mwangi, Parliament maintains that halting the vetting infringes upon public participation and disrupts a time-bound constitutional process. The petition challenges the legality of the nominations, alleging that the President acted unlawfully and that four of the seven nominees fail to meet eligibility requirements.
Deputy Clerk of the National Assembly Jeremiah Ndombi, in submissions to the court, criticized the interim orders issued by Justice Lawrence Mugambi, stating that the petitioners have not demonstrated a strong legal basis to justify injunctive relief.
“The Petitioners have neither demonstrated a prima facie case with a likelihood of success, nor shown that they will suffer irreparable harm that cannot be remedied if the approval process is allowed to proceed,” the court documents read.
Justice Mugambi had temporarily suspended the approval process until May 29, 2025, when he is expected to deliver a ruling on the matter. Parliament argues that this delay threatens the legal deadline for the vetting process, which mandates that the Justice and Legal Affairs Committee (JLAC) submit its report by May 27.
Lawmakers insist that suspending the vetting harms public interest by denying stakeholders the opportunity to participate in the constitutional process. They also argue that concerns over the nominees’ qualifications and legality can be effectively addressed through the vetting itself.
The contested nominees include Erastus Edung Ethekon as Chairperson, and Commissioners Hassan Noor Hassan, Mary Karen Sorobit, Anne Nderitu, Moses Mukwana, Francis Odhiambo, and Fahima Araphat Abdallah.
With the IEBC reconstitution being a key issue ahead of the 2027 General Election, the outcome of this court case could significantly influence Kenya’s electoral preparedness. The ruling on whether the vetting will proceed or remain suspended now rests with Justice Mugambi.
