All eyes are now on Chief Justice Martha Koome after President William Ruto gazetted the appointment of Erastus Ethekon as chairperson of the Independent Electoral and Boundaries Commission (IEBC), alongside six commissioners, in defiance of a court order. The move, formalised in Gazette Notices No. 7724 and 7725 dated June 10, 2025, has sparked legal and constitutional concerns.
Traditionally, the Chief Justice presides over the swearing-in of IEBC officials at the Supreme Court, reinforcing their constitutional mandate and commitment to impartiality. However, a High Court order issued in May had explicitly barred the gazettement and swearing-in of the nominees pending the determination of a petition challenging the legality of the selection process.
Justice Lawrence Mugambi of the Milimani Law Courts had allowed Parliament to proceed with vetting the nominees but ruled that final appointments must await judicial resolution. The petition, filed by activists Boniface Mwangi and Kelvin Roy Omondi, alleges the process lacked transparency, failed to ensure adequate public participation, and did not sufficiently represent marginalised groups.
The appointees include Registrar of Political Parties Ann Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. They are expected to serve for a six-year term.
Justice Mugambi emphasized that the issues raised touch on national sovereignty and constitutional integrity, warranting careful judicial scrutiny. He referred the matter to Chief Justice Koome to constitute a bench to hear the case, effectively placing the appointments on hold until a decision is made expected after a scheduled hearing on June 23, 2025.
A senior government official defended the appointments as a critical step toward restoring the IEBC’s functionality, which had stalled since former chair Wafula Chebukati’s death in February. However, critics argue that the executive’s move undermines judicial authority and sets a dangerous precedent.
As the constitutional standoff unfolds, Chief Justice Koome faces a critical test—whether to proceed with the swearing-in or uphold the court’s order, reinforcing the Judiciary’s role in safeguarding constitutionalism.
