Chief Justice Martha Koome has appointed a three-judge bench to preside over a petition challenging the nomination of commissioners to the Independent Electoral and Boundaries Commission (IEBC), as tensions escalate between the Judiciary and the Legislature over the recruitment process.
Justice Roselyne Aburili will chair the bench, joined by Justices Chigiti Mugwimi and Andrew Mwamuye.
In a directive issued Friday, CJ Koome ordered an expedited, day-to-day hearing of the case, citing its significant constitutional implications and urgency. This move comes even as the National Assembly insists on moving forward with the vetting and approval of the nominees.
The petition, filed by activists Boniface Mwangi and Kelvin Roy through senior counsels Paul Muite and Douglas Otieno, challenges the legality and constitutionality of the ongoing IEBC selection process.
The petitioners are seeking to halt the appointments pending a judicial review of the nomination procedures.
High Court Judge Lawrence Mugambi had earlier referred the matter to the Chief Justice after issuing interim orders barring the gazettement of President William Ruto’s nominees.
Justice Mugambi emphasized that the case raised weighty constitutional questions warranting consideration by a multi-judge bench.
Despite the court’s directive, National Assembly Speaker Moses Wetang’ula instructed the Justice and Legal Affairs Committee (JLAC) to proceed with vetting the nominees, asserting Parliament’s constitutional mandate.
“Parliament is a constitutionally established institution with the authority to carry out its functions,” Wetang’ula stated, cautioning against what he described as “institutional overreach” by the Judiciary.
President Ruto has nominated Erastus Ethekon Edung as IEBC Chairperson, along with Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah as commissioners.
