NAIROBI, Kenya – Parliament on has approved President William Ruto’s seven nominees to the Independent Electoral and Boundaries Commission (IEBC), marking a pivotal step toward reconstituting the electoral agency, which has operated without commissioners since January 2023.
However, the appointees remain barred from assuming office following a High Court order that paused their appointment pending the outcome of a constitutional petition.
The court order, issued on May 29, arose from a legal challenge filed by activists Boniface Mwangi and Kelvin Roy, who questioned the transparency and legality of the selection process.
The Justice and Legal Affairs Committee (JLAC), chaired by Tharaka MP George Murugara, presented its report recommending the approval of Erastus Edung Ethekon as Chairperson, alongside commissioners Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah.
Murugara defended the process, saying the committee had examined all submissions, including public memoranda challenging Ethekon’s suitability over perceived political affiliations.
“Having evaluated these particular nominees, we did not hesitate to recommend that each of them be actually approved. Mr. Ethekon demonstrated knowledge in his area of specialty, which is law, and that he satisfies to be a judge of the Supreme Court, which is the requirement for his appointment,” said Murugara.
“He has more than 15 years of practice and he also has a lot of experience in other matters including conflict management, which I think is very important,” he added.
Murugara told the House that while concerns had been raised, none were found to meet the threshold required to disqualify any of the candidates.
“We looked at every one of them, we were satisfied that they suit the nominations given to them and we did not hesitate to approve all of them,” he said.
Rarieda MP Otiende Amollo, who seconded the motion, noted that the vetting proceedings had been open and inclusive.
“We had a very robust vetting session, it was covered live in most of the stations. We posed to the nominees all the questions that had been raised by those who objected. It is their constitutional right to object. But we were satisfied that all the objections they had raised were sufficiently dealt with,” Amollo said.
Majority Leader Kimani Ichung’wah decried what he termed as politicisation of the appointments, particularly attacks based on ethnic origin.
“It was very inconsiderate to hear somebody who has held a high national office assert that Erastus, the nominee for chair, does not warrant to hold that position on account of where he comes from. It was sad that somebody can say because Erastus comes from a community that he perceives not to have adequate shares in his own analysis, that Ethekon does not deserve to chair this commission,” he said.
Ichung’wah urged the Judiciary to expedite the litigation process, warning that continued delays in constituting the IEBC risked undermining critical electoral functions.
“I also want to speak to those who are in the Judiciary to be considerate of the circumstances that we are in, as a nation. Moving on to the nominees, it’s saddening that because of politics, a number of us out there had started demonizing some of these nominees largely on account of where they come from,” he said.
Eldas MP Adan Keynan called for restraint and warned against politicising institutions. He urged the appointees, once cleared, to serve with integrity.
“But we must speak as Kenyans. We have politicised literally everything in this country. Isn’t it high time that we think out of the box and be prepared to contribute to the continued peace, respect, stability and tranquillity so that as a country we respect ourselves, we are respected regionally and continentally,” said Keynan.
“The membership, wherever they are, I want to ask them this. You have been entrusted with a very important exercise. Collectively, we want you to carry the image of this Republic. We want you to continue to project the respect the Kenyan people through this Parliament have allowed you.”
Tiaty MP Kassait Kamket criticised opposition efforts to stall the appointments, linking the delays to unnecessary political theatrics.
“One of the most important things in our election cycle is this thing called KIEMS, and I want to tell all those lazy politicians who always want to blame the referee, it is important for any politician to understand that votes can only be found by hard work,” he said.
The High Court’s conservatory orders remain in force until the constitutional petition is heard and determined. Chief Justice Martha Koome has appointed a three-judge bench to hear the case.
Until then, the seven appointees will remain in legal limbo, awaiting the court’s ruling before they can be formally sworn into office.
