The ongoing process to reconstitute the Independent Electoral and Boundaries Commission (IEBC) has suffered a legal setback after the High Court temporarily stopped the gazettement of President William Ruto’s newly nominated commissioners.
Justice Lawrence Mugambi issued the orders on Thursday following a petition filed by activists Boniface Mwangi and Kelvin Roy, who challenged the legality and transparency of the selection process led by the IEBC Selection Panel.
Represented by senior counsels Paul Muite and Douglas Otieno, the petitioners argued that the procedures used to identify and nominate the IEBC Chairperson and six commissioners were marred by constitutional irregularities and lacked public participation.
Justice Mugambi, while issuing the directive, stated that the concerns raised in the petition were of great constitutional significance and must be addressed before the appointment of the nominees proceeds.
He further referred the matter to Chief Justice Martha Koome for the empanelment of a bench to hear and determine the constitutional issues raised.
The court order comes just days before the National Assembly was set to begin vetting the IEBC nominees, following directions from Speaker Moses Wetangula.
On May 11, Speaker Wetangula had instructed the Justice and Legal Affairs Committee to commence approval hearings and submit a report as soon as Parliament resumes on May 27.
President Ruto had nominated Erastus Ethekon Edung as the Chairperson of the Commission, alongside six commissioners — Ann Njeri Nderitu (Nyandarua), Moses Alutalala Mukhwana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu), and Fahima Arafat Abdallah (Lamu) — based on recommendations from the IEBC Selection Panel.
