The process of reconstituting the Independent Electoral and Boundaries Commission (IEBC) has hit a fresh legal roadblock after the High Court issued conservatory orders on Monday, May 19, temporarily halting the vetting and approval of President William Ruto’s nominees.
In a ruling delivered in Nairobi, the court ordered the National Assembly to suspend any further action on the nominees pending the determination of a petition filed on May 14 by two citizens linked to a civil society group.
According to the court, no vetting or approval proceedings can take place until at least May 29, when the petition is expected to come up for further directions or ruling.
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President Ruto had earlier this month nominated Erastus Edung Ethekon as the new IEBC Chairperson. The other appointees include Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.
However, their path to office has not been smooth. The petitioners argue that the nomination process was flawed and unconstitutional, citing lack of proper public participation and possible Executive interference—violations that they claim contravene several articles of the 2010 Constitution, as well as existing statutory frameworks.
“That the nominations are not only illegal but also unconstitutional for failing the requirements of public appointments as espoused under Articles 10, 232, and 250(3) & (4) of the Constitution,” reads part of the petition, which also references the Independent Electoral and Boundaries Commission Act and the Public Appointments (Parliamentary Approval) Act.
First Major Setback
The legal standoff escalated on Friday, May 16, when Justice Lawrence Mugambi of the Milimani Law Courts directed that all parties named in the petition be served with relevant court documents within seven days.
This laid the groundwork for Monday’s ruling, which effectively pauses one of the most anticipated parliamentary vetting exercises in recent months.
What Next?
The conservatory orders are valid until May 29, when the court is expected to decide whether to extend them or allow the vetting to proceed.
Should the court find merit in the petition, the halt could be extended, further delaying the establishment of a new electoral commission—an outcome that could have implications on preparations for the 2027 General Election.
Conversely, if the petition is dismissed, the National Assembly will be free to resume the vetting process.
The outcome of the legal proceedings is now being closely watched by political observers, civil society groups, and Kenyans at large, as the country continues navigating the complex terrain of electoral reforms.