Court upholds IEBC nominations but nullifies Ruto’s appointment

The High Court has upheld the nomination of the IEBC chairperson and commissioners but ruled their appointment and gazettement by President William Ruto unconstitutional.

A three-judge bench comprising Justices Bahati Mwamuye, John Chigiti, and Roselyne Aburili found that the President violated conservatory orders issued by Justice Lawrence Mugambi by gazetting the nominees, rendering the appointments null and void.

The nominees, however, remain valid, but they cannot take office until the process is properly formalised.

The court found no fault with the nomination process itself.

This means the President will have to issue a fresh Gazette Notice in line with the law.

Only then can the officials be sworn in and assume office.

The case was filed by activists Kelvin Roy Omondi and Boniface Mwangi, who sought to nullify the entire process of selecting and appointing the new IEBC team.

They accused the selection panel of procedural flaws and challenged the nominees’ qualifications, integrity, and regional diversity.

They also faulted the failure to include a person with disabilities in the seven-member list.

But the court rejected these arguments, saying the petitioners had not proven any illegality in the process.

“The Petition is hereby found to be without merit and is dismissed,” the judges ruled.

On allegations of bias and lack of meritocracy, the court noted there was no evidence showing any of the nominees were constitutionally disqualified. It also dismissed concerns over the familial relationship between one nominee and a senior politician, terming them “non-consequential.”

The judges further ruled that the selection panel did not act illegally by issuing an expanded shortlist and that the process did not breach constitutional principles of public participation, political consultation, or access to information.

President William Samoei Ruto last month appointed Erastus Edung Ethekon as the new chairperson of the Independent Electoral and Boundaries Commission (IEBC).

Ethekon will serve for a term of six years, in line with the provisions of Article 250 (2) of the Constitution and the Independent Electoral and Boundaries Commission Act.

Alongside Ethekon’s appointment, six new commissioners were named to the IEBC: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. Each of the new members will also serve for a term of six years.