Court Blocks Swearing-In of IEBC Commissioners

The High Court has stopped the swearing-in of newly appointed Independent Electoral and Boundaries Commission (IEBC) commissioners. Justice Lawrence Mugambi issued the ruling amid concerns over the nomination process and its legality.

President William Ruto recently nominated Erastus Edung Ethekon as the next IEBC chairperson. He also appointed six commissioners: Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla. However, two petitioners, Kelvin Omondi and Boniface Mwangi challenged the appointments in court.

They claimed the nomination process was unconstitutional and lacked transparency. The petitioners pointed to procedural irregularities and inadequate public participation. They also argued the appointments failed to meet constitutional requirements for inclusivity and representation.

Justice Mugambi acknowledged the separation of powers but stressed the need for judicial oversight. He allowed Parliament to vet the nominees but barred their swearing-in until the petition is resolved.

“The vetting and approval process in the National Assembly may proceed, but the gazettement or swearing-in of the seven nominees should not happen,” he said. He noted the petition raises serious constitutional concerns.

The court’s decision has divided opinion. Some warn the delay could affect preparations for the 2027 General Election. Others argue due process must be followed to ensure a credible electoral body.

Chief Justice Martha Koome will now empanel a bench to hear and determine the constitutional issues. The fate of the IEBC commissioners remains uncertain as the legal battle unfolds.