The High Court has delivered a landmark ruling on the formation of the Independent Electoral and Boundaries Commission (IEBC), upholding the nomination of its new chairperson and six commissioners but nullifying their appointment and gazettement by President William Ruto.
A three-judge bench comprising Justices Bahati Mwamuye, John Chigiti, and Roselyne Aburili ruled that President Ruto violated conservatory orders previously issued by Justice Lawrence Mugambi. The President had proceeded to gazette the appointments despite a standing court order, rendering the appointments unconstitutional and legally void.
While the court affirmed that the selection process of the IEBC officials was conducted lawfully, it emphasized that the final step—gazettement and appointment—must comply fully with legal and judicial processes. The judges stressed that although the nominations remain valid, the officials cannot be sworn into office until the appointments are properly formalized through a fresh Gazette Notice issued in accordance with the law.
The petition challenging the IEBC selection and appointment process was filed by activists Kelvin Roy Omondi and Boniface Mwangi. They alleged procedural irregularities by the selection panel, questioned the nominees’ qualifications and integrity, and criticized the lack of regional balance and the absence of a person with a disability in the final list.
However, the court dismissed these claims, ruling that the petition lacked merit and failed to prove any legal violations. The bench further stated that there was no evidence indicating that any nominee was constitutionally unfit for office. It also deemed concerns about familial links between a nominee and a senior politician as inconsequential.
Moreover, the court found that the selection panel acted within its mandate, including its decision to expand the shortlist of candidates. It concluded that there was no breach of constitutional principles, such as public participation or access to information.
Last month, President Ruto had named Erastus Edung Ethekon as the new IEBC chairperson, alongside commissioners Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah, all set to serve six-year terms. Their fate now hinges on the issuance of a fresh Gazette Notice.
