President William Ruto bypassed a court directive and went ahead to formally appoint a new team to the Independent Electoral and Boundaries Commission (IEBC).
In a gazette notice released on Tuesday evening, he named Erastus Edung Ethekon as the IEBC Chairperson for a six-year term.
The appointment was carried out under the authority of Article 250(2) of the Constitution, as well as Section 5(2) and Paragraph 4 of the First Schedule to the IEBC Act.
Additionally, the President officially confirmed the appointments of Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners of the electoral body.
The six commissioners will also serve six-year terms and are expected to play a crucial role in preparing and stabilizing the electoral commission ahead of the 2027 general elections.
The gazette notice signed by President William Ruto stated:
“In exercise of the powers conferred by Article 250(2), as read with Section 5(2) of the IEBC Act and Paragraph 4 of the First Schedule, I, William Samoei Ruto, President of the Republic of Kenya, appoint Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah to serve as members of the IEBC for a six-year term.”
On May 19, the High Court issued conservatory orders temporarily halting the vetting and approval process of President Ruto’s nominees to the IEBC by the National Assembly, pending the outcome of a legal petition filed by two civil society members.
The petitioners argued that some individuals shortlisted for the IEBC positions were included through unconstitutional means and raised concerns about undue influence from the Executive.
According to the petition, “The nominations are not only unlawful but also unconstitutional, failing to meet the standards for public appointments as outlined in Articles 10, 232, and 250(3) & (4) of the Constitution of Kenya, 2010, in conjunction with the IEBC Act and the Public Appointments (Parliamentary Approval) Act, Chapter 7F.”
However, in a subsequent ruling issued ten days later, the High Court granted permission for the National Assembly to proceed with the vetting of the seven nominees.
Despite allowing the vetting process to proceed, the court upheld its earlier orders blocking the official gazettement and swearing-in of the nominees until the petition challenging their selection is fully heard and determined.
Legal experts have criticized the gazettement, calling it a serious breach of the Constitution. They warn that the action could trigger a new round of legal battles, potentially bringing the matter back to court for further scrutiny.
