High Court Throws out Petition Challenging Appointment of IEBC Commissioners, Cites Lack of Evidence
- The High Court in Nairobi has cleared the path for the appointed IEBC commissioners to be sworn in and begin their duties in the electoral body
- A three-judge bench said the petition filed in May by three Kenyans lacked merit, adding that the IEBC selection panel acted legally
- However, the judges nullified the gazette notice published by President William Ruto communicating the appointments
Kai Eli, a journalist at TUKO.co.ke, brings more than three years of experience covering politics and current affairs in Kenya.
Nairobi: A trio of High Court judges has upheld President William Ruto's appointments of the chairman and commissioners of the Independent Electoral and Boundaries Commission (IEBC).
Source: Twitter
Why did High Court throw out anti-IEBC petition?
Justices Roselyn Aburili, Bahati Mwamuye and Chigiti Mugwimi refused to grant the prayers sought by petitioners to invalidate the appointment; the petitioners had cited conflict of interest and the addendum of nominees interviewed by the selection panel.
They threw out the petition, citing its lack of merit.
"The petition dated 13th May, 2025, which is the subject of the proceedings herein, be and is hereby found to be without merit and is dismissed," the bench ruled.
According to the bench, the grave concern was the president bypassing the active conservatory orders issued on May 29 blocking the appointments before the petition would be determined.
Ruto went past the orders to publish a gazette notice communicating the appointments on June 10.
This was days after the Justice and Legal Affairs Committee (JLAC) and later the National Assembly approved the nominees.
How did High Court order Ruto over IEBC appointments?
The judges found the president to have erred with his June 10 gazette notice, directing him to regazette the appointments in full compliance with the ruling, after which the appointees can be sworn in.
They also lifted the May 29 conservatory orders, giving the president's appointments a clean bill of health.
"Gazette Notice 7724 dated 10th June, 2025, appointing the 1st Interested Party as the Chairperson of the IEBC and Gazette Notice 7725 dated 10th June, 2025 appointing the 2nd to 7th Interested Parties as Commissioners of the IEBC, which were published in the Kenya Gazette Vol/ CXXVII – No. 122 of 10th June, 2025 under the hand and seal of the President of the Republic be and are hereby quashed for having been published in contravention of the conservatory orders dated and issued by the Court on 29th May, 2025," the judges said.
Source: Twitter
With the president complying and issuing a new gazette notice for the appointments, the appointees will be sworn in before Chief Justice Martha Koome and kickstart their six-year tenures in the country's elections management body.
The commission, after swearing in, will comprise Erastus Ethekon Edung (chairman) and six commissioners; Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.
Their first role will be to finish all the pending by-elections before embarking on preparing the country for the 2027 General Election.
Why IEBC has been without commissioners
The electoral commission has been non-quorate for over two years after the departure of former chairman Wafula Chebukati, who died earlier this year, and commissioners Boya Molu and Abdi Guliye in January 2023.
Since then, the commission has been operating solely with its secretariat.
Nonetheless, the commission would have remained constituted to function had it not been for the departure of the other four commissioners, who left in 2022 before the maturity of their terms.
Juliana Cherera, Irene Masit, Justus Ongoya, and Francis Wanderi exited the commission amid a heated dispute concerning the presidential election outcome, having publicly disagreed with Chebukati over the results.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
