IEBC nominees: Eyes on CJ Koome after Ruto gazettes chairperson, six members

All eyes are now on Chief Justice Martha Koome following President William Ruto’s gazettement of the chairperson and six members of the Independent Electoral and Boundaries Commission (IEBC).

Customarily, the Chief Justice presides over the swearing-in ceremonies at the Supreme Court, setting the tone for the IEBC’s entry into office.

Following the oath taking, the CJ delivers a speech reinforcing the constitutional duty, urging impartiality and commitment to rule of law.

Ruto's Gazette Notices No. 7724 and 7725, dated Tuesday, June 10, 2025, marked a key step in the electoral body's reconstitution, even though they were a violation against a court order halting the appointment and swearing in.

Ruto named Erastus Ethekon as the IEBC chair, and six commissioners who will serve for a six-year term.

They include Registrar of Political Parties Ann Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol and Fahima Araphat Abdallah.

The appointments were made after an approval by the National Assembly following a resumed vetting process. 

In May, the High Court issued conservatory orders stopping their gazettement and swearing-in, but gave a green light for Parliament to proceed with the vetting of the nominees, pending the outcome of a petition challenging the process.  

Presiding over the case, Milimani Law Courts Justice Lawrence Mugambi ruled that the appointments cannot be finalised until the court resolves key constitutional questions.

He noted that the issues raised in the petition touch on the sovereignty of the people and warrant serious judicial scrutiny.

“The petitioners have highlighted potential constitutional breaches that demand the court's attention, which must be addressed,” he said.

The decision followed a petition filed by activists Boniface Mwangi and Kelvin Roy Omondi, who challenged the legality of the selection process.

The petitioners argued that the selection process lacked transparency and adequate public participation, violating constitutional requirements, especially regarding inclusivity and representation of marginalised groups.

At the centre of the case was a demand that the appointments be declared illegal.

The petitioners prayed for fresh nomination to be conducted according to the Constitution.

Justice Mugambi acknowledged the significance of these concerns and stated that they raise substantial legal questions.

The National Assembly, in response, told the court that halting the process would disrupt a constitutionally time-bound exercise and undermine public participation. 

“The appointments are a step forward in restoring the electoral body’s operations, which had stalled since Chebukati’s departure,” said a senior government official familiar with the process.

Justice Mugambi stressed the balance between Parliament’s vetting powers and the Judiciary’s role in oversight.

“While Parliament is constitutionally empowered to vet nominees, the courts have a responsibility to ensure the process adheres to constitutional standards,” the judge said.

As a result, Justice Mugambi referred the matter to CJ Koome for the empanelment of a bench to hear and determine the constitutional issues raised.

The ruling effectively placed the final appointment of IEBC panel members on hold pending further judicial review that was slated for June 23,2025.

Ethekon was nominated on May 8, 2025, to replace former chairperson Wafula Chebukati, who died in February.