NAIROBI, Kenya – The High Court has temporarily stopped the vetting and approval of seven nominees to the Independent Electoral and Boundaries Commission (IEBC), including chairperson nominee Erastus Edung Ethekon, pending a final determination on their selection process.
In a ruling delivered on Monday, Justice Lawrence Mugambi issued conservatory orders barring Parliament from proceeding with the vetting until May 29, when the court will rule on the matter.
The orders stem from a petition filed by voters Kelvin Omondi and Boniface Mwangi through lawyers Paul Muite and Ochieng Odinga, who challenged the legality and transparency of the selection process.
Petitioners cite irregularities and lack of transparency
The petitioners argue that the process violated constitutional provisions, including the principles of merit-based appointments, regional and ethnic diversity, and the inclusion of persons with disabilities.
“The nomination process was flawed, lacking transparency and breaching key constitutional requirements,” the petitioners stated in court.
They also questioned the inclusion of Commissioner Hassan Noor, alleging that his name was not part of the advertised or shortlisted candidates.
Senior Counsel Paul Muite said Noor’s inclusion appeared to be a deliberate attempt to bypass due process.
Attorney General’s office opposes court intervention
The Office of the Attorney General opposed the petition, with Chief State Counsel Emmanuel Bitta terming the case premature and an example of judicial overreach.
“The petition is non-justiciable, having been instituted contrary to the doctrine of ripeness. The petitioner has not exhausted the constitutionally provided remedies before approaching the court,” Bitta argued.
The case will be mentioned on May 29 for further directions.
