
The Justice and Legal Affairs committee has approved the nomination of Erastus Ethekon as the Independent Electoral and Boundaries Commission chairperson.
Also approved are the six individuals nominated to serve as members of the commission.
These are Dr Erastus Edung Ethekon, Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.
The seven were vetted on Saturday, May 31, 2025.
Their approval now sets the stage for the committee of the whole House to debate the report of the committee on the suitability of the seven individuals to serve on the electoral body.
Parliament's approval or rejection of the nominees can significantly impact the upcoming 2027 elections in several ways.
Approval would enhance the credibility and legitimacy of the electoral process and the outcome of the elections, which are slightly two years away.
When Parliament approves nominees to bodies like the IEBC or passes constitutionally required electoral laws, it upholds the legal framework that governs elections.
If Parliament rejects any or all of the nominees, it may lead to delays or disruptions in election preparations, thereby undermining public confidence and potentially triggering legal challenges or political instability.
Once nominees to the IEBC are approved by the vetting committee and subsequently by the National Assembly, the next steps are guided by the constitution and relevant laws.
The President is required to formally appoint the approved nominees within seven days of receiving the National Assembly's decision.
This appointment is made through a notice published in the Kenya Gazette.
The process must comply with constitutional provisions, including ensuring that no more than two-thirds of the commissioners are of the same gender and that regional diversity is observed.
After the appointments are gazetted, the chairperson and commissioners are officially sworn into office.
Only after this swearing-in ceremony do they begin their roles as members of the IEBC, enabling the commission to carry out its mandate of overseeing elections and managing electoral boundaries in Kenya.
IEBC has been without commissioners since January 17, 2023, when the terms of Chairperson Wafula Chebukati and Commissioners Abdi Guliye and Boya Molu expired, concluding their six-year non-renewable terms.
Their exit came after a period of instability within the commission, marked by the resignation of vice chairperson Juliana Cherera and commissioners Francis Wanderi and Justus Nyang’aya in late 2022.
Commissioner Irene Masit, who chose to face the tribunal, was ultimately removed from office on February 27, 2023, following a recommendation by the tribunal and a formal decision by President William Ruto.
As a result of these developments, the IEBC has been without any commissioners for more than a year.
This vacancy has hindered the commission's ability to carry out essential duties, such as organising by-elections and managing electoral boundaries, raising concerns about a possible constitutional crisis.