Why court dismissed case against IEBC chair nominee Erastus Ethekon

The ruling formed part of the wider judgment delivered on Thursday, in which a three-judge bench declared President William Ruto’s appointment and gazettement of the seven IEBC nominees unconstitutional, but upheld the nomination process itself.

The petitioners had challenged Edung’s nomination, citing his previous service as Turkana County Attorney and alleged links to the State House deputy chief of staff.

However, the court found no credible basis for disqualification.

The bench, Judges Roselyne Aburili, John Chigiti, and Bahati Mwamuye, ruled that the claims fell short of the legal threshold required to disqualify a public nominee on grounds of bias.

“In the result, this court finds that the selection and nomination of the first interested party, Erastus Edung, as chairperson of the IEBC, has not been shown to contravene the Constitution.”

Justice Aburili delivered the bench’s finding on the matter.

The court further rejected claims that the selection panel ignored constitutional requirements on regional and disability representation in his nomination.

In earlier hearings, Edung, through counsel Issa Mansur, had argued that the petitioners failed to provide evidence proving violations of these thresholds.

They defended his qualifications and dismissed the accusations as politically charged and unsupported by fact.

Mansur told the court that Edung’s past role as county attorney was a statutory position, not a political appointment.

“In Turkana, he served as county attorney. It’s created as a statute. They serve the counties and not the governors. The petition alleges he served under the governor. What is unconstitutional if he served as county attorney?” he asked.

The petitioners also accused Edung of political bias due to alleged ties with the deputy chief of staff.

But Erastus dismissed the claim as irrelevant and speculative. “What role does the deputy chief of staff play in appointing an IEBC chairperson? None,” he argued.

The ruling clears the way for Edung to be sworn in as the new IEBC chair following his reappointment and regazettement.

This comes after the bench found that the nomination of Edung and six other commissioners was procedurally sound, but President William Ruto had acted in defiance of conservatory orders previously issued by Justice Lawrence Mugambi when he appointed and gazetted them earlier.