Attorney General Dorcas Oduor wants the court to dismiss a petition challenging President William Ruto’s recent choices for the IEBC. She has filed a legal objection, arguing that the case should not proceed.
The petition questions the fairness of Ruto’s nominations to the electoral commission, but Oduor believes the challenge has no legal basis. The court will now decide whether to accept her objection or allow the case to continue.
In her objection, Oduor argued that the case is premature and legally unfounded, citing the principle of ripeness—a legal doctrine that prevents courts from ruling on matters not yet ready for judicial review. She maintained that the petitioners failed to exhaust constitutional avenues before turning to the courts, thereby violating the doctrine of exhaustion.
“The exercise of jurisdiction by this Honourable Court at this stage of the appointment process of commissioners to an independent constitutional commission would contravene the doctrine of separation of powers and amount to a usurpation of the legislature’s primary role in the approval process,” read the court documents filed by the Attorney General.The petition, filed by activists Kelvin Roy Omondi and Boniface Mwangi, challenges President Ruto’s nomination of Erastus Edung Ethekon as IEBC chairperson, along with Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.
The petitioners claim the nomination process was marred by illegality and constitutional violations, warning of an imminent risk that the National Assembly could proceed with vetting and approval despite the alleged flaws.
Oduor is now urging the court to dismiss the petition in its entirety, insisting that judicial intervention at this stage would undermine the constitutional mandate of Parliament and interfere with the balance of power among state organs.
