The High Court has thrown a spanner in the works of President William Ruto’s plan to reconstitute the Independent Electoral and Boundaries Commission (IEBC) ahead of the 2027 General Election, temporarily halting the vetting of his seven nominees.
In a decisive ruling issued on Monday, May 19, 2025, Justice Lawrence Mugambi granted conservatory orders suspending the vetting and approval process in Parliament until at least May 29. The decision followed a petition filed by two members of a civil society group, who are challenging the legality of the nomination process.
“The nominations are not only illegal but also unconstitutional for failing the requirements of public appointments,” the petition reads, citing violations of Articles 10, 232, and 250(3) and (4) of the Constitution.
The petitioners argue that the nominations ignored key recommendations from the NADCO report and lacked proper public participation.
The President had named Erastus Edung Ethekon as chairperson of the IEBC, alongside Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners. But since their announcement, the appointments have faced growing scrutiny.
Critics claim the selection process was marred by Executive overreach and a breach of constitutional guidelines. The petitioners further alleged that certain names on the final list were included unconstitutionally.
“The court’s intervention is a win for constitutionalism and public accountability,” said one of the petitioners, who requested anonymity due to the sensitivity of the case.
This marks the second significant legal hurdle for the nominees in under a week. On May 16, the Milimani Law Courts ordered the civil society petition and supporting documents be served to all respondents within seven days, setting the stage for this latest development.
With the court set to review the matter again on May 29, two outcomes remain possible: an extension of the orders, further delaying the process, or their lifting, which would allow the National Assembly to proceed with vetting.
For now, the fate of the IEBC’s reconstitution hangs in the balance, as legal battles continue to define the roadmap to Kenya’s next electoral commission
