The High Court has declined to jail or fine President William Ruto, Attorney General Dorcas Oduor, and Head of Public Service Felix Koskei for contempt of court in a petition challenging the appointment of Independent Electoral and Boundaries Commission (IEBC) nominees.
The case, heard by a three-judge bench comprising Lady Justice Roselyne Aburili, Justice John Chigiti, and Justice Bahati Mwamuye, revolved around allegations that the three senior government officials defied court orders barring the gazettement of new IEBC commissioners. Senior Counsel Paul Muite, representing petitioners Kelvin Roy Omondi and Boniface Mwangi, had on June 23 called for their imprisonment or a fine for ignoring a court order issued by Justice Lawrence Mugambi.
Muite urged the court to consider imposing a two-year jail sentence on the President and immediate jail terms for the Attorney General, the Government Printer, and the Head of Public Service for acting in contempt. He acknowledged the constitutional immunity granted to the President but suggested that a fine could be suspended until the end of his term. According to Muite, all relevant parties were aware of the court order, as the Attorney General had been present in court when the order was issued.
Despite the serious allegations, the High Court ruled against the application for contempt, stating it lacked formal procedure and failed to provide the accused with an opportunity to respond. The judges emphasized that the application for contempt was made orally and did not include a proper notice to the individuals accused, some of whom were not even direct parties to the proceedings.
The bench noted that contempt of court is a serious issue and must be approached with due process. It observed that any claim of contempt should be presented formally to ensure all alleged contemnors are accorded the right to be heard.
The dispute stems from a May 29 court order issued by Justice Mugambi, which allowed Parliament to vet the IEBC nominees but prohibited any gazettement, swearing-in, or assumption of office pending the determination of the petition. The order specifically named the seven individuals involved: Erastus Edung, Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Aduol, and Fahima Abdallah.
While the judges declined to take immediate punitive action, they made it clear that contempt proceedings could still be initiated in the future, provided due process is followed. The court’s decision highlights the delicate balance between judicial authority and executive accountability, especially when involving high-ranking state officers.
