NAIROBI, Kenya – The High Court has issued conservatory orders suspending the gazettement and swearing-in of President William Ruto’s nominees to the Independent Electoral and Boundaries Commission (IEBC), pending the outcome of a petition challenging their appointment.
However, in the Thursday ruling, Justice Lawrence Mugambi allowed Parliament to continue with the vetting process, stating that the petition raises weighty constitutional issues that warrant further judicial scrutiny.
The case has now been referred to Chief Justice Martha Koome to empanel a bench to hear and determine the matter.
“The court is satisfied that the issues raised touch on the sovereignty of the people and cannot be casually dismissed. They require proper interrogation,” said Justice Mugambi.
The ruling comes amid growing controversy over President Ruto’s May 8 nominations, which included Erastus Edung Ethekon as IEBC Chairperson and six others as commissioners.
Those nominated to the commission are Ann Nderitu (Nyandarua), Moses Alutalala Mukhwana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu), and Fahima Araphat Abdallah (Lamu).
Petitioners opposing the appointments claim the President acted outside the law and allege that some of the nominees do not meet the constitutional qualifications for office.
In response, the National Assembly urged the court not to interfere with the vetting process, arguing that judicial intervention at this stage is premature and could derail a constitutionally time-bound exercise.
“The court must balance the need for judicial oversight with the necessity of upholding public participation and uninterrupted constitutional processes,” the Assembly submitted.
The IEBC has operated without a full commission since the exit of former Chair Wafula Chebukati and two commissioners in early 2023.
The ongoing appointments are part of efforts to reconstitute the electoral body ahead of upcoming by-elections and future general elections.
