The swearing-in of a new Chairperson and Commissioners of the Independent Electoral and Boundaries Commission (IEBC) is now imminent, following a ruling by the High Court in Nairobi that dismissed a petition challenging their appointment.
A three-judge bench comprising Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye delivered the judgment on Thursday evening, paving the way for the formal assumption of office by Erustus Ethekon Edung as Chairperson and six commissioners: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.
The petition had been filed by activists Kelvin Roy Omondi and Boniface Mwangi, who sought to block the appointments, arguing procedural irregularities and constitutional violations. However, the Court ruled that the petition lacked merit and did not meet the threshold required under Article 22 of the Constitution.
Despite dismissing the petition, the Court nullified the original Gazette Notice dated 10th June 2025, which had announced the appointments. The judges found that the notice had been published in breach of conservatory orders issued on 29th May 2025, which had suspended the appointments pending the outcome of the petition.
“The Gazette Notice was published in contravention of existing conservatory orders and is therefore quashed,” the bench ruled, directing the issuance of a fresh Gazette Notice to regularise the process.
In compliance with the Court’s directive, President William Ruto issued a new Gazette Notice dated 10th July 2025, officially appointing the seven nominees.
With the legal hurdles now cleared, the new IEBC team is set to be sworn in before Chief Justice Martha Koome in a ceremony expected to take place in the coming days.
The appointment of a new IEBC team marks a significant step in preparing for future electoral processes, especially as the country looks ahead to upcoming by-elections and, ultimately, the 2027 General Election. Their mandate includes restoring public confidence in the electoral body following months of leadership vacuum and reform debates.
